Legal Question in Wills and Trusts in Texas
dieing without a will
I am a child of 8. My mother died a few months ago. She did not leave a will. My stepfather also ill signed over the deed to the house to me. He died soon after that. I have the deed in my name and have since paid the taxes on it. I am trying to get a loan to fix the house up. But I am being told that there is a hold on the title because one of my sisters is contesting the deed. All my siblings don't want anything to do with the house. Since the house is in my name can she contest anything.
2 Answers from Attorneys
Re: dieing without a will
Who owned the house in the first place? Was it your mother's separate property? Was it your stepfather's separate property? Was it their community property? Were any of your other 7 siblings children of your stepfather and mother?
Only if the house was your stepfather's separate property could he transfer clear title to you.
Since your mother died without a will, please take a look at transfer by intestacy on our website at www.bradie-law.com, and you can see who got what portion of your mother's estate when she died.
Re: Dad died without a will
Good typing, kid! Seriously, anything done with the house would require a guardian ad litem be appointed by the probate court, consent given by a judge, a court order, and your proceeds be deposited for your benefit in trust with the registry of the court.
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