Legal Question in Wills and Trusts in Texas

Death without a Will

if mom dies and i choose to keep the house do i have to pay my sister and brother for her half and my dads half


Asked on 5/28/08, 8:45 am

2 Answers from Attorneys

Keith Engelke Law Office of S. Keith Engelke

Re: Death without a Will

Assuming that your dad died before your mother, I agree with Ms. Rivera.

If your dad is still living, and the house was acquired during the marriage as community property, the house goes to your dad. If the house was your mom's separate property, then it goes to you and your brother and sister.

If you were living with you mother when she died, you may have a homestead right to continue living in the house without paying your brother and sister.

It would be a good idea to hire a lawyer and provide him with the details.

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Answered on 5/30/08, 1:21 am
Cheryl Rivera Smith The Smith Law Firm

Re: Death without a Will

You would pay each 1/3, assuming there are no other children. You would only be entitled to 1/3. Of course, any debts the estates owe must be satisfied first before distribution is made.

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Answered on 5/28/08, 9:26 am


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