Legal Question in Wills and Trusts in Texas

life estate shared?

My father recently passed leaving no will, my adult brother has lived there for the past 18 years. My step mother lived w/dad for 7 years. She has filed for life estate on the 180 acres w/home. She has kicked out my brother whom helped my dad w/the property & home for so many years. My adult step sister & her fiance now occupy the home while my step mom has moved out of town w/her new boyfriend. Do we the children of his 1st marriage have any rights to occupy of visit any part of the home/acreage?


Asked on 10/26/04, 7:38 pm

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: life estate shared?

Your stepmother has a life estate, and only a life estate. That means she's entitled to rents and profits, and has the obligation to pay taxes and insurance. Her children have no legal interest in the property.

Your brother should move for a determination of heirship to get a judicial determination as to who owns what, and then move to oust your step-sister.

It won't be easy or inexpensive, but it's doable.

Read more
Answered on 10/27/04, 10:09 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Texas