Legal Question in Wills and Trusts in Texas

Re: kids rights?

Since your mother died without a will, you would have to file an application to determine heirship. That is what would establish your rights to your mother's property.

Was the house in your mother's name before she re-married? Or did they buy the house together after they married? That's key to the question of ownership. If she owned the house before re-marriage, then that was her separate property. Now, if he owned the house before the marriage, then your mother had no ownership interest in it, save for an equitable interest in any money she may have put in for mortgage payments, etc.