Legal Question in Wills and Trusts in Texas

my father passed away this week in texas 7/18/2010 he was 80 years old and divorced my mom in 1971 and she lives in california, and is 75 years old there are a total of nine brothers and sisters all over 22 years, and one of my brothers died in 2007, which now leaves 8 of us, my father never remarried or had no other children, my aunt had power of attorney for my father, and he had no will, but when i checked the deed of the house my mom is still on the deed.

now she wants to quick claim over to me so that i can sell it and give each of my brothers and sisters an equal share. how do i go about this the right way.


Asked on 7/23/10, 3:45 pm

1 Answer from Attorneys

Do not use the power of attorney to do a quitclaim. This will make a bigger mess of the situation. If you want to do this properly, you need to first figure out why your mother is still in title to the property. Did she win it in the divorce? If so, then the mother can deed out to whomever she likes. If the mother didn't win it in the divorce, she will still need to deed out (as she's in title, some how) and the father's interest will need to be addressed. Assuming the father had no will, then his property passes to ALL children (and to the heirs of the deceased children.) The surviving heirs would all share in the estate. They can then collectively sell the property and split the proceeds.

This is fairly common. Call me if you want to discuss it further.

Dave

http://leonlaw.com

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Answered on 7/23/10, 9:23 pm


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