Legal Question in Family Law in Texas

My 88 year old mother in law has moved in with us for us to help with her care. If something were to happen to me and my husband, with out a will do his siblings have the right to claim our assets since this is her residency according to her id etc? My fear is they will try to move in and take was is due our kids. I know we need to do a will, however how do we still protect our assets?


Asked on 9/01/14, 4:43 pm

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

If she merely lives there and is not on the title then she does not own the house.

I urge you to write a will. Probate in Texas without a will is expensive and time consuming.

I don't use them but there are many free will kits on-line.

You might look on www.texaslawhelp.org and see if they have a will form.

Of course, if she dies, the other children might try to come into your home and take her stuff. This happens often - sometimes while the parent is dying "someone" (always unknown) goes into the empty house & "stuff" disappears. Grief does bad things to people.

Your mother needs a will to so that the children will know what her wishes were.

You might encourage her to write down on a piece of paper who she would like to receive her personal belongings after she dies.

I hope this helps. If not, hire an attorney in your area. Look on this website and on www.avvo.com for help.

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Answered on 9/01/14, 5:46 pm


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