exempt personal property only until final settlement of the estate. Probate code section 278 provides as follows: If, upon a final settlement of the estate, it shall appear that the same is solvent, the exempted property, except the homestead or any allowance in lieu thereof, shall be subject to partition and distribution among the heirs and distrib-utees of such estate in like manner as the other property of the estate. Tex. PROB.Code Ann. § 278 (Vernon 2003). Thus, a surviving spouse can retain possession of tangible exempt property under the “use and benefit” provision of section 271, but when the administration terminates, the decedent’s interest in these items must pass to the decedent’s heirs or devisees. Id.; Bolton v. Bolton, 977 S.W.2d 157, 159 (Tex.App.-Tyler 1998, no pet.) (<HOLDING>). The trial court’s order is captioned in part
holding that trial court erred by granting surviving spouse fee simple title to estates exempt property recognizing that exempt property ceases to be property of the estate holding that the trial court erred by granting the defendants motion to dismiss holding that trial court correctly applied section 689071 to find that grantee who held title as trustee owned property in fee simple absolute holding that because nondischargeable debt based on fraud was not one of the four enumerated exceptions to exempt property the exempt property was not liable for the creditors surviving claim