Legal Question in Wills and Trusts in Texas
My Dad had no will
My father died leaving no will. I understand 1/2 of his house (not paid off) goes to his wife (not my mother) and the other 1/2 to me. But, am I now responsible for half the mortgage payments?
1 Answer from Attorneys
Re: My Dad had no will
The mortgage is normally divided as follows: Interest must be paid by the life tenant, and principal by the remaindermen. Although I am not quite clear on how title is held in your situation, I assume your stepmother will continue to live in the house. If so, she is responsible for all of the interest on the mortgage. The principal of the mortgage must be paid by the underlying owners, which you say are 1/2 you and 1/2 your stepmother. Therefore, you will be paying 1/2 of the principal of the mortgage each month. She will pay the rest of the principal and all of the interest.
The remaindermen (who you say are 1/2 you and 1/2 your stepmother) must pay for the house insurance.
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