and necessary attorney fees incurred with respect to the challenged cause of action in the trial court. Tex.R. Civ. P. 91a.7. As noted above, Valentina’s petition seeks to enjoin the. sale of the Cabo Blanco residence, which she claims as her homestead. A surviving spouse retains the right to use and occupy the homestead so long as he or she elects to do so. Tex. Const, art. XVI, § 52; Tex. Estates Code Ann. § 102.003 (West 2014). This right continues as long as the surviving spouse uses or occupies the property, or until he or. she abandons that right. Moore v. Moore, 89 Tex. 29, 33 S.W. 217, 218 (1895); Copeland v. Tarrant Appraisal Dist., 906 S.W.2d 148, 151 (Tex.App.-Fort Worth 1995, writ denied). Homestead rights can be waived. See F pp.-Houston [1st Dist.] 2014, no pet.) (<HOLDING>). We hold the probate court properly dismissed
holding that district court did not err in summarily granting defendants motion for summary judgment pursuant to local rule where pro se plaintiff failed to respond to motion after district court had warned plaintiff that it would deem his failure to respond a consent to granting of motion holding trial court did not err in granting rule  91a motion where documents attached to petition disproved factual basis of cause of action holding that trial court did not err holding that the trial court did not err by granting defendants motion for summary judgment holding trial court did not err by failing to consider amended petition filed after hearing without leave of court