Legal Question in Real Estate Law in Texas

Re: Special warranty deed

Since your father died without a will, you inherited his half of the house by "operation of law" under Texas Statutes. If your stepmother wants to purchase your half of the house, you should have the house appraised and she could buy you out. A title company can handle the transaction. However, your stepmother has the right to live in the house as long as it is her homestead and she can do this without buying you out. During this time, you should make sure the mortgage, taxes and insurance are being paid.

Re: Special warranty deed

When a parent dies without a will, his children inherit his one half interest in any community property and all of his separate property, subject to certain lifetime rights of a spouse in any homestead. You should not sign this deed unless you want to give your step mother your interest inherited from your father in his property.