Legal Question in Wills and Trusts in Texas
Home i live in
My husband passed away in 1998. He had a will and his 5 children were to receive 20% of everything because we were only married 4 months. It was set up when he died that they and myself would pay, taxes, insurance, them the principal on the house and me the interest. Since his death in 1998 I have paid it all. They have lost his business and the only thing of value left is this house. Aren't they in default? I know I will never see any money from them but is there any way I can get the deed to this house in my name? They owe me about $70,000. What can I do?
3 Answers from Attorneys
Re: Home i live in
The inheritance would have only involved the equity in the property since the outstanding debt offsets the value. I think you have an argument that you own the fee portion of all that has been paid since the time of death. The remedy for a problem such as yours is a partition suit against his children. However, as a surviving widow residing in the homestead, no matter how short your marriage, you would be entitled to a life estate in the property, which it seems is what your late husband intended. Best of luck.
Re: Home i live in
You can't get the house in your name but you do have a constituional homestead right to live in the residence for as long as you live if you so desire. Now as pertaining to the loan on the house, as a practical matter you may end up paying the mortgage payments to keep the mortgagee from foreclosing on the property. You need to get to a good lawyer and get any and all understandings reduced to writing.
Re: Home i live in
There is a suit for contribution from the cotenants (his children) for taxes you paid on the house that they refused to pay. If they don't pay, you might get the house. Others already mentioned homestead.
http://www.reasonable-doubt.com
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