Legal Question in Wills and Trusts in Texas

death/no will

My husband has three children from a previous marriage. His wife passed away in 1991 with no will. He is now sick and wants to sell the house and move to a smaller place. We have been married six years so what we need to know is if the house is sold (I know all children have to sign) how would the money from the house be split between my husband and his three children. There are no other children involved. I have two children but we have no children together.


Asked on 11/27/08, 9:41 am

1 Answer from Attorneys
Donald McLeaish McLeaish&Associates;, P.C.

Re: death/no will

you need a local lawyer experienced in probate..but in my opinion half to your husband and half to children as probate law changed in 1995 I beleive that husband would have received all....but there may be other matter to consider..ie his upkeep/taxes/etc, etc..so call a local lawyer experienced in realestate/probate..the fee would not be much and all angles need to be considered...and hopefully agreement reached before arguments arise..

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Answered on 11/27/08, 12:25 pm


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