Legal Question in Wills and Trusts in Texas
Affidavit of heirship
If father passed away and the house is in his name does the house automatically go to my mom
3 Answers from Attorneys
Re: Affidavit of heirship
It depends on the familial makeup, and the date of father's passing (the laws changed significantly in the early 1990s)
Re: Affidavit of heirship
I hit the "send" button too quickly. Anyway, here is the rest of the answer:
If the property is community property, and all of the father's children are by the surviving spouse, and father died after Sept. 1, 1993, then mother would inherit the house. If not, then the children and surviving spouse would each have an interest in the house.
Re: Affidavit of heirship
Regardless of who actually inherits the house, your mother will have the right to live in it for her lifetime. This answer assumes that your parents were married at the time of your father's death.