Legal Question in Wills and Trusts in Texas

Good Morning!

My name is Dan Shelton and I reside in Texas as my father did until he passed 2 years ago.My question in Texas does the siblings have the right to burial plots by being a sibling and the plots were purchassed while my mom and dad were married? after they passed within 2 years apart.He lived with a lady in which they were not legally married but he put most everything in her name in his will.They did not marry so they both could draw social security checks seperately.I do know by Texas law they were common law as she did use his last name since he was blind in his later years. My big Question is in Texas do me and my sister, being blood kin have the rights to his 8 burial plots he left? the lady whom works for the funeral home told me we do being blood related but her legal department says no? Please let me know ASAP so we may settle this!! Thank You Dan Shelton


Asked on 8/02/10, 7:03 am

2 Answers from Attorneys

Mark Dunn Mark D. Dunn

You'll want to look at the will he left. Did he specifically leave the burial plots to her? Is there a residual clause that says "I leave all the remainder of my property to Dorothy"?

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Answered on 8/07/10, 9:17 am
Keith Engelke Law Office of S. Keith Engelke

I assume that your dad died in Texas and had no will. If your dad died first and all the children were children of your mom and dad, and the plots were purchased while they were married, the plots went to your mom. After she died the plots went to her children and descendants if she had no will. If your mom died first and she had no children of another parent and had no will, the plots went to your dad.

If the relationship with the "other woman" was a marriage then the new wife gets a 1/3 life estate in the plots and the children and their descendants get a 2/3 remainder interest in the plots. This means that upon the "other woman"s death, the life estate ends and the children and their descendants have a full interest in the plots.

If the relationship with the "other woman" was not a marriage, then the plots went to the children and descendants of your mom and dad.

The easiest solution is to have the other woman convey her rights to the plots to the children of your dad and their descendants. Find out if the prospective purchaser of the plots will accept a quitclaim.

Otherwise you need to determine whether there was a marriage between dad and the other woman.

You also need to determine who the heirs of your dad are. Are the only children just you and your sister. If not, are there any deceased sibliings. If so, did they have children.

Finally you need to hire an attorney to straighten this out. Since it has only been two years since your dad died, his estate can be administered and the administrator can issue deeds to heirs or may be able to sell the property to cover expenses of the estate. Ask your attorney.

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Answered on 8/07/10, 9:41 am


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