Legal Question in Wills and Trusts in Texas
Heir to property?
My mother died in 1988 without a will. My parents were buying a house & land. My father remarried in 1989 and died last year(2002) his will left everything to his wife. Do my brother and i have any rights to the property? she is fixing to sell everthing! does she have to pay us a share? thanks!!
1 Answer from Attorneys
Re: Heir to property?
The laws were different in 1988 than they are now and under those laws you would be entitled to a share if your mother died without a will and if you did not sign over any interest to your father. If the title company that closes the sale does their job, they will require that all heirs sign the deed. However, to be sure, you should have an affidavit prepared by an attorney that states your ownership in the property, a description of the property, and it should be filed in the real estate records in the county where the property is located. Your step-mother does own a life estate in the property which will disappear if she sells the property.
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