Legal Question in Wills and Trusts in Texas

home ownership

my parents died 14 years ago my father left no will my mother left a handwritten will stating that i was responsible for all monies and property and i can dispose or use either at my discretion. i moved into their home because it was not paid for and i could not afford to maintain two homes.

i have two brothers two sisters. they do not live in texas and have never contributed to the house. i paid the house off 2 years ago and started major renovation. now i would like to put the deed in my name. can i do so without their consent. one of my sister signed her share of the house to me. do i have any legal rights to the house i have lived in for 13 years.


Asked on 8/29/03, 6:33 pm

1 Answer from Attorneys

Peter Bradie Bradie, Bradie & Bradie

Re: home ownership

You, unfortunately, have a long and potentially expensive problem on your hands. Your father's estate has to be dealt with first. Part of his estate went to you and your siblings, with the balance to your mother. Then your mother's estate has to be dealt with. Whether her writing is a holographic will or not is open to judicial determination. Then you'll have to settle up with your siblings, based upon values first as of the date of your father's death, then of your mother's death, with the possibility of recoupment of money paid for the house.

Right now you really have no legal interest in the property until your father's estate is settled.

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Answered on 8/29/03, 6:56 pm


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