Legal Question in Wills and Trusts in Texas

estate/personal property

My mother passed away 4 years ago this pass May. At the time of her death, her husband of 2 years, told me and my siblings(we are all in our 40's) that we would get a part of the new home they were buying, and We could have her brand new car that was paid off w/insurance at the time of her death. A few months later or a year later he said he would only release the car if we signed a release on the house. Well we never did anything one way or another. Do we have any legal rights. We would really like some of her knick knacks from the house, she has had since we all lived at home. Your information will be appreciated.


Asked on 10/15/07, 1:07 pm

1 Answer from Attorneys
Keith Engelke Law Office of S. Keith Engelke

Re: estate/personal property

Did you mom have a will when she died? If she did, then who gets what is determined by what the will says, assuming it is probated. If she did not have a will then you have to look to the law of intestacy. Regarding property purchased during the marriage, 1/2 belongs to the spouse and 1/2 belongs to the estate.

I would not sign anything until I saw the will.

You need to hire an attorney to help you sort this out.

Read more
Answered on 10/16/07, 4:14 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Texas