Legal Question in Real Estate Law in Texas

Real estate interest in last will and testament

My father died in 2001. He and his wife took out a home equity loan 1 month before he died $99,500 to mature in 2016. In my fathers will, he left 50% interest of his home (which he inherited from his mother)to his wife and 50% to me (his daughter). She is the executor of his estate and lives in the home. In 2007, she took out another home equity loan renewed and extended for $100,000 to mature in 2042 (she will be 102). I was not notified of the new home equity loan. I am 50% owner in this home and have a filed a notice of interest in real property on title (2005) and in my father will. Can she up a lien against the property that own 50% without my knowledge? Has she violated her executor rights? Do I have legal recourse against the Bank the gave he the home equity loan in 2007?


Asked on 6/04/09, 5:54 pm

1 Answer from Attorneys
Cheryl Rivera Smith The Smith Law Firm

Re: Real estate interest in last will and testament

I would say that the bank has an invalid lien against the 50% that was lent after Dad's death. You should notify the bank - they will probably want step-mom to pay back 50% and be sure you have the executor of the estate deed you your undivided 1/2 interest.

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Answered on 6/04/09, 6:42 pm


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