Legal Question in Wills and Trusts in Texas
My Father recently passed away and did not have a will. He has been married to my step-mother for 43 years and I have 2 half blood sisters. I know I am entitled to 1/3 of half of his property. My question is, can she set up a will now that he has gone and leave me out of it? What rights do I have?
2 Answers from Attorneys
She can't disinherit you from the 1/3 of the house. She should settle up with you now on the personal property (family heirlooms, etc.). To prevent future problems, I would have an affidavit of heirship prepared and filed in the Official Public Records of the county where the property is located so there will be public notice of your interest in the property. BTW - Stepmom has a life estate in the house and when she dies, you can claim your interest. Until that time, she is responsible for payment of all of the property taxes and all of the maintenance.
I misstated your interest and failed to clarify. You inherited 1/2 of the property beyond her life estate, not 1/3. Her daughters share in her half of the house.
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