Legal Question in Real Estate Law in Texas
My Girlfriend is the executor of her fathers estate. Her father who pasted away last Thanks Giving day left his home which is paid off to her and her sister. Her Father was Married and his Widower was to have the opportunity to reside in the home so long as she maintained the upkeep and paid the taxes. Unfortunately, she too has passed last month. Her Daughter was named her executor and received the money and the car her mother drove. She signed over her mothers rights to the residence and now after the fact, is under the mind set that she should also get a portion of the funds from the sale of the house should my girlfriend wish to sale the home. My question is, Does she have a right to this money and with her signing over any right to this property to my girlfriend prior to such action taken, can she come back after the fact and try and claim the right to money received in the sale of the property. Take in mind, my girlfriends father owned and paid this property off prior to the marriage, in fact was paid off prior to (2) previous marriages before his last! His will spelled out what he wished to have exercised in the event of his death and all was executed as stated. The step-daughter received between the value of the car that was paid off and the money in the back that was left to her mother nearly $150,.000.00! It seems somewhat greedy and without merit for someone that is not named in the will and nor the child of the original Owner of the property to step in and hold her hand out for additional money that her mother never owned in the first place! What can my girlfriend do to protect her and her sister from having to give away additional money or property that is being asked by the daughter? Please advise!
1 Answer from Attorneys
She has no right to the money Your girlfriend and her sister should be able to go ahead and sell the property without involving stepdaughter. It really wasn't necessary to have her sign over any right to the property because she had no right to it.
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