Legal Question in Wills and Trusts in Texas
Forclosure suit
My father passed away while he and my mother were separated, but still married. He purchased a mobile home with his paramour which my mother did not sign for. After he died, his paramour forclosed on the property. She has since been sued. The only property he had was a truck and a small piece of land with no improvements of which my grandfather is half owner. Are my brother and I in any danger of legal action? We are the only heirs.
2 Answers from Attorneys
Re: Forclosure suit
It depends on whether or not the mobile home company chooses to sue his estate. Usually they pass when someone has died, but if they do and a judgment is obtained, it would attach to the land since it was not his homestead.
If dad doesn't have a will, an affidavit of heirship will perfect title in the small piece of land into the heirs. File it in the real property records of the county where the property is located. Same thing for the truck, but take it to the office where title is transferred. If there is a will, probate it.
Re: Forclosure suit
You didn't say whether there was a Will. If there wasn't and your father didn't have any other children besides you and your brother, then your mother is probably his heir, not you and your brother. You should talk to a probate attorney.
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