Legal Question in Real Estate Law in Texas

Inhareted home

My husband died 5 years ago. His

second wife was living in a house

that is in his name. She has now

died. She left it to her daughter but it

is in my husband's name. Does the

house belong to me, he left every

thing to me, or to the daughter? The

house is in Houston TX


Asked on 3/02/09, 9:05 am

2 Answers from Attorneys

Re: Inhareted home

I don't have enough facts here.

First, I would need to review the divorce decree between your husband and his second wife. How did she wind up with occupancy rights? Was she awarded the house in the decree and they never changed the title to her? Or was she given a life estate? If so, who is the remainder?

Second, did your husband have a will? If so, was it probated? How many children does your husband have and with whom? (This can determine where property goes with respect to the probate code.)

Feel free to call or email me if you want to discuss this further.

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Answered on 3/02/09, 9:16 am
Cheryl Rivera Smith The Smith Law Firm

Re: Inhareted home

Contact an attorney in Houston to represent you in the probate. You need professional help to protect your interests.

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Answered on 3/02/09, 10:44 am


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