Legal Question in Wills and Trusts in Texas

joint property no will

my parents were married over 30 yrs. have 9 kids between them. my dad died with no will. they were buying a house together but its not paid off. what is tx law on the ownership of the house? can his children take part of it from my mother?


Asked on 5/14/08, 8:35 am

1 Answer from Attorneys

Kathryn Perales PMI Oil Tools

Re: joint property no will

It sounds like some of the kids were your father's, but not your mother's natural children. If this is the case, then probably his children inherited an interest in the house. However, your mother has a widow's homestead right to live in the house for as long as she likes, so long as she maintains it, pays the interest on the mortgage and pays the taxes. No one can force her to move, but when she dies, she may not own 100% or even any interest in the house, depending upon the family structure and the details of ownership of the house.

Underlying ownership of the house will need to be legally taken care of at some point, either now, at some time when your mother wants to sell or move out, or when she dies. An attorney's help will be necessary to clear up the title.

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Answered on 5/14/08, 9:53 am


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