Legal Question in Wills and Trusts in Texas
Life Estate
As stated in my parents Divorce Decree the adult children of the marriage receive a life estate 20.388 acres on the Brazos River (campground)My brother and sister ea. signed their 1/3 over to my father. He has since singed 1/3 over to THE step-mother.My father passed 03/03/03 leaving the other 1/3 to her as well. It is Decreed that petitioner and respondent execute all instruments necessary to effect this Decree as often as necess.to accomplish the execution and final dispostion of this judgment.Are these transactions
legal? All transactions took place in the 80's.
2 Answers from Attorneys
Re: Life Estate
We would need to examine all of the documents involved to make this determination. My best advice is to arrange for a consultation with an attorney who knows real estate and title law and provide copies of all documents (including the divorce decree) prior to the meeting.
Re: Life Estate
An attorney would have to see all the documents involved before making any sort of determination.
Remember, your siblings could only transfer a 1/3 life estate, not a fee simple. The remainderman may have something to say about the transfer.
Were your brother and sister the only adult children, or do you still retain your life estate?
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