Legal Question in Wills and Trusts in Texas

My girlfriends father passed away in November 2009. He was married at the time. His home was purchased and mortgage paid in full prior to the marriage. Prior to his death, he named my girlfriend as executor of the estate and his financial affairs. His home was deed over to his two daughters (my girlfriend and her sister) as well as his widower. We have recently learned that my Dads widower has only a few days to live as a result of cancer. She has two children, which were from a previous marriage and both are married adults. The daughter of my dads widow believes her mothers interest in the property should now go to her and her brother at the time of her death..

The widower knew the intentions of her husband and such that she could remain in the home, so long as she maintained the property and the taxes, but would not remain in the residence in the event she remarried or wished to move back to her home state of Mississippi.

My girlfriends father did not leave any money, property,. or mention of rights to his widows children, for that which he owned prior to and after his death.

How does one protect the rights of their late fathers estate in such situations, in regards to the children of my fathers widow.


Asked on 6/23/10, 12:18 pm

1 Answer from Attorneys
Cheryl Rivera Smith The Smith Law Firm

This is yet another example of why people should use trusts. A trust would have accomplished your father's wishes. However, if he already "deeded" an interest in the property to his widow, that interest is gone and she can do with it as she pleases (as can his daughters who own the other interest). If that is the case, the house should be sold after her death and the proceeds should be split accordingly.

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Answered on 6/24/10, 5:12 am


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