Legal Question in Wills and Trusts in Texas

Failure of agreement to sign quit claim deed

My husband died in 1997. He did not have a will. I have a mobile home in my name only on property that is in both our names. He has a daughter from previous marriage. We have contacted her to sign a quit claim deed. We offered her 1/2 the value of the land. She now wants 1/2 the value of the house as well. Eventhough she is not entitled. If we filed suit, would we retain our investment in the home or would we probably have to split it as well, when sold? Any advice would be very appreciated! Thanks so much!


Asked on 4/08/04, 5:41 pm

1 Answer from Attorneys

Peter Bradie Bradie, Bradie & Bradie

Re: Failure of agreement to sign quit claim deed

Let's look at the land, first. It's community property so right off you own half. Your husband's half goes to his daughter. If the mobile home was bought during marriage, it would be community property, and his half would also go to his daughter. If it was bought after his death, or before the marriage, it would be your separate property and the daughter doesn't get any part of it.

Since that's your homestead, she can't force you out, or force a split. When you sell the property, both of you will have to sign as sellers, and she'll be entitled to her half.

Your late husband's estate should be put into probate, and his daughter should share in those costs as well. Right now only you and your husband can sell the property; daughter has no authority to do so because no judicial determination has been made that she's his proper heir. If you die without a will, then your property goes to your children if any, or goes back up to your parents, if alive, and then to your siblings if both of your parents are deceased. Or aunts and uncles if no siblings.

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Answered on 4/08/04, 5:58 pm


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