Legal Question in Real Estate Law in Texas
Estate
My mother was in the process of a divorce when her husband died. He did not have a will. He has 5 daughters. He and my mother had a pre-nupt which stated that what was his was his and what was hers is hers (pretty standard). They owned a home that is in both of their names. My question is.... one of the daughters says that because they (the 5 daughters) have a 1/2 interest in the house, that they can go onto the property and into the house anytime they please, even if my mother is not at home. Is this correct?
2 Answers from Attorneys
Re: Estate
Absolutely not! Your mother inherited a life estate in his share of the house and she has the right to live there until she dies, privately. As far as the personal property, I suggest she give the daughters what they should have and, in the meantime, open up a probate for an heirship proceeding for clarification. An attorney should not charge more than $2,000. If the daughters continue to barge in on your mother, I would call the police. It is criminal trespass.
Re: Estate
You should also have your attorney examine the pre-nuptial agreement, to make sure your mother didn't give up her homestead rights. If she did, the situation could be sticky, and the daughters possibly could have a right to enter the home. She would want to get this clarified right away.
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