Two common myths about estate planning probate Posted in: News I hear these common misconceptions among my Estate Planning Probate clients on a weekly basis, and these misunderstandings can cost thousands of dollars. The first myth has to do with a mix of community property law and inheritance law. The second myth is perpetrated by individuals promoting living trusts. Myth One: My spouse will get the house when I die. Most of my clients believe that if they pass away without a will, then their spouse will automatically receive the house that the couple owns. Under Texas law, a surviving spouse has the right to live in the marital home until that surviving spouse passes ...PLEASE LOG IN FOR PREMIUM CONTENT. Our website requires visitors to log in to view the best local news. Not yet a subscriber? Subscribe today!