Legal Question in Wills and Trusts in Texas
Inherited one-half a house
This is a follow-up to a previous question (I have more information now).
To keep it short, my father died without a will. He was listed as the sole owner of a property, although he lived in the home with his current wife (not my mother). I received a deed for one-half the property, with the other half going to his wife. She plans on staying in the home. She originally planned on buying my half, but I guess is now having second thoughts.
If we cannot agree on a price for her buying my half, what are my options? Specifically, can I force her to buy my half or sell the property? I know I will have to pay taxes on the property, so can I charge her rent? If so, what if we cannot agree on a price or she refuses to pay? Am I responsible for up-keep? I live in a different state (about 1300 miles away) and would just like to get rid of the property.
2 Answers from Attorneys
Re: Inherited one-half a house
The widow has homestead rights to the property and you can not partition it if she wants to live there. She has the right to live there due to her interests so she is not required to pay rent. You can live there too if you choose. I have some information at:
http://www.reasonable-doubt.com
Re: Inherited one-half a house
Your step-mother, in addition to her 1/2 community interest, inherited a life estate in the homestead AS LONG AS IT IS HER HOMESTEAD. Once she moves out or passes away the property can be partitioned. As a homestead claimant she is responsible for upkeep and taxes, but is not under a duty to insure your interest so you may want to make sure the house has insurance and that you are named as an additional loss payee on the policy. You would not be entitled to rent as long as she is alive and it is her homestead.
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