Legal Question in Wills and Trusts in Texas
re: inheritance of property
My husband's mother passed away 10 years ago and his step father passed away 5 years ago. There are 3 siblings who at one time all agreed that the house would go to the younger sibling as was the wishes of the parents- and my husband and his sister would inherit land. There was no will left from either parent and after the father's passing the youngest son started proceedings including testimony from neighbors and family that the home would belong to him. He never followed through with everything, though. Since then he has had a change of heart and does not wish to have the home. He and his brother have still been making payments on the house and it is still listed under the parents' name. The mortgage will be paid off next year and my husband has been living in the home for 5 years. My husband is disabled and wants to make sure the home lists his name as one of the owners- what does he need to do? Also- is it true that since he is disabled and tax exempt- would he be exempt from paying property tax?
2 Answers from Attorneys
Re: re: inheritance of property
The easiest way to fix it will be to file an affidavit of heirship, then getting all of your husband's siblings to sign gift deeds to your husband. You will need an attorney to prepare these documents, and to ascertain whether this method will work with your specific facts and family dynamics.
I wonder exactly what proceeding the younger brother started - it may have some bearing on how your husband must proceed to get the house in his name.
Your husband may be entitled to pay reduced property taxes because of his disability, but you would need to call your local appraisal district to make sure. If he is living there and it is titled in his name, he should get a homestead exemption.
Re: re: inheritance of property
Without a will, the property belongs to the siblings equally in undivided shares. Without a will, the wishes of the parents don't matter. You're going to need a lawyer to fix this. It only gets worse.
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