Legal Question in Real Estate Law in Texas
Who Ownes the Property???
1. My father bought property before he married my mother. He passed away in 1974, but left no will. The property is currently in my father's name. His wishes were for his mother and father to live on the property until they passed away. My mother respected his wishes and never sold the property, however; throughout the years she remarried.
2. My Grandfather passed away a few years ago and my Grandmother passed away just recently both also leaving no will. They are believed to be the ones paying the taxes for the past thiry years. Currently, my father's brothers and sisters are trying to claim the property in my father's name. Who owns the rights to the property.
1 Answer from Attorneys
Re: Who Ownes the Property???
When your father passed away, the old law was in effect. His children inherited 1/2 and your mother inherited 1/2 AND had a life estate in the property since she was the surviving spouse. Your father's brothers and sisters would have no claim to the property. When a person dies intestate (without a will), the law determines how the property will pass. First, it goes to wife and children, then to parents and only if there are no wife, children, or parents would it go to the siblings. If they have been paying taxes, etc., then there may be some reimbursable offsets. The remedy is a simple heirship proceeding and the court order will vest title in the rightful heirs. Most attorneys will provide a complimentary initial consultation to discuss the particulars of your problem. As long as your mother's husband is not living in the property he should have no claim, except for possible reimbursements for expenses or taxes if he paid any. Best of luck.
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