Legal Question in Wills and Trusts in Texas

estate
My mom died in Texas in 2003 without a will. My stepfather just sold the house they bought during their marriage. His lawyer wants me to sign a release on the deed so that he can close on the house. I am refusing because I believe a portion of the proceeds should be divided between myself & 2 siblings who are all 3 his stepchildren and a daughter who is his child from his marriage to my mother. The house is community property. Is there a statute of limitations on us claiming a portion of the proceeds of the sale as our inheritance?

Asked on 2/13/08, 2:11 pm

2 Answers from Attorneys

James Grissom Law Office of James P. Grissom

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Re: estate

Your thinking is correct. Since the lawyer wants a release you must have a legal interest in the property. You would be entitled to a 1/3 portion of your mother's 1/2 community property portion of the property. I'm not sure about the percentages. It's in the Probate Code, but I'm not going to look it up. You might want to contact a lawyer in your area or see if you can figure it out yourself. But, you're right. Your step father is not legally entitled to all the money from the sale of the house. Good Luck.

Answered on 2/13/08, 2:36 pm

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