Legal Question in Wills and Trusts in Texas

Re: Father died with no will

Texas is a community property state. If your father bought that house with his wife, only half of that house is his community property. The other half would be her community property. When someone dies without a will, property is distributed according to Statute under the laws of Intestate Succession which is how you get his 1/2 of the community property. Hopefully you can come to an agreement with your step-mother because you would then need to open up formal probate and ask the court to partition the home so you can get your 1/2 interest out of it. The court will have the property appraised and determine the rules under which you will be compensated (eg. sale and distribution of proceeds, rent from step-mom, tax off-set, etc). All of this will be very expensive for both of you. Texas is a homestead state and this is her homestead, however, she does not get a free ride from you and your inheritance and she has her own set of responsibilities. Be sure the taxes and the mortgage, if any, get paid (if you must pay them, she has the obligation to reimburse you for her portion) since you don't want to lose the house in a foreclosure, assuming there is equity. While she is occupying the house make sure it is insured and you are named as an additional loss payee on the homeowner's policy. Now, my recommendations are as follows:

1. Both of you agree to agree and stay out of court;

2. Have the property professionally appraised and that will be the sales price. She will need the appraisal to get a new loan anyway. Cost should be under $500;

3. Determine rental rate for house and you should be reimbursed 1/2 of that rate from the date of your father's death which can be added to the her loan amount if she doesn't have enough cash for that offset;

4. Prorate the taxes and insurance accordingly which the title company can also do;

5. At the loan closing, the title company should distribute your net proceeds to you and you will execute a deed back to your step-mother.

Best of luck.

Re: Father died with no will

Assuming that no deal can be struck, as part owner you'd be responsible for part of the taxes.

You can sell an undivided 1/2 interest, but who'd want to buy it? Remember, the house is also her homestead and the law isn't going to put her out on the street.

You can charge her half the reasonable rent a house of that value would rent for in that neighborhood.