Legal Question in Real Estate Law in Texas
Right to home of my deceased mother
My mother passed away in Jan 2006. My stepfather advised us that mothers will gave all of their assets to him. Now, he is asking my three sisters and I to sign over our rights to the home, so he can have it in his name. Stating he could take it to court, but it would cost him $1000.00. I have never been in this situation and since my stepdad told us everything was left to him, we had no idea we had rights to the home/
2 Answers from Attorneys
Re: Right to home of my deceased mother
If your mother died without a will, under the laws of intestate succession, her children get all of her separate and her share of the community property. However, as a surviving spouse, he gets a life estate in the homestead. Thus, your portion is a future interest and is an "inheritance" once he passes. Be sure he pays taxes and mortgage because the house could get foreclosed on. If there is a will, maybe he is just trying to avoid the cost of probate. You may want to contact an attorney to protect any interest you may have.
Re: Right to home of my deceased mother
Louisiana would be basic the same as outlined by Ms. Smith. Have you seen a will? The will has no legal effect until probated. So if he has not done so, at least look at the will and make sure there is one and it is genuine. Why not call an attorney in Texas and get some personal advice.
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