Legal Question in Real Estate Law in Texas

My parents were divorced and I am an only child. My dad remarried and bought some land paid in full from his new father in law. He was killed in work accident two yrs later. His wife at the time of death and her next husband sold the land back to her father. Am I entitled to any of the land since I was the only heir? My dad had no will.


Asked on 11/03/15, 5:32 am

1 Answer from Attorneys

Joseph A. McDermott, III Attorney at Law

Assuming that the land was paid for out of community funds -- money that was earned during your father's second marriage by him or his wife, and not, for example, money she already had when they married or she inherited -- then 1/2 of the land would have passed to you. (If, on the other hand, the land was bought with money that your father had before he remarried or that he inherited, the land would pass to you, but subject to a life estate in favor of the wife for 1/3 of the land) It's curious that she and the later husband were able to re-sell the land to her father, as any title company handling the sale should have asked questions about children of the late spouse (your father). This certainly merits investigation. Did you receive anything else from your father's estate after he died? Was there any administration of your father's estate in the probate court? How long ago did your father die? There may be a statute of limitations issue.

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Answered on 11/03/15, 7:10 am


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