Legal Question in Wills and Trusts in Texas
Death with no will
My father died and was married to my stepmother. 2years ago my father was willed from my grandmother her has and acre of land. My brother lives in the house paid my father rent and always stated that this would be his when dad died. Dad put a moble home on the other part of the acre and that is where he and my stepmother lived. Now he died and step sister says even though this is inherted property this all goes to stepmother and nothing of my father goes to his 5 children.
Is this correct. She gets everything we get nothing an possibly my brother loose the house.
1 Answer from Attorneys
Re: Death with no will
She is greedy and wrong! Stepmother has a life estate and can live in the mobile home so long as she pays the taxes and insurance. When SM dies, her life estate reverts to you and your siblings.
SM has her undivided half interest in the community estate, and the other half go to you and your siblings.
Contact an attorney that practices probate law in the county where your father lived, and have an Application To Determine Heirship filed in probate. Don't delay, since that gives the greedy ones more of an opportunity to loot the estate.
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