Legal Question in Wills and Trusts in Texas
My father's widow is staying in a home that was willed to his children based on the Texas Homestead law. She has been maintaining the Mortgage, but is allowing the property to degrade considerably. Recently the roof was damaged during a storm. Who is responsible for paying for the repairs? If she is responsible for maintaining the property, what can be done if she refuses to maintain the property? - Thank you.
Asked on 6/02/10, 7:19 pm
1 Answer from Attorneys
Cheryl Rivera Smith
The Smith Law Firm
She is responsible for the taxes and maintenance. You are responsible for house insurance. See Savage v. Savage. You can make repairs and sue her in small claims court for reimbursement.
Answered on 6/03/10, 4:54 am
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