Legal Question in Wills and Trusts in Texas
I live in Texas. My husband died 2010 without a valid will. He has 2 grown children from previous marriage. I am selling my home and stand to make a profit. I know that I must split that with the children but I have put a lot of improvements into this home since his death. Is the profit of the home still split 50/50 or do I get some of my money back out of the profit. If so, do I get the amount I put in or the amount of value it added to home?
2 Answers from Attorneys
To finalizethe sale,a title company will probably require probate..if so, you may make your claim in probate..and of course, the best way is to make agreement with the children...
You should probably obtain a declaration of heirship from the local probate court. Depending on where you live, this might be the county judge, a county court at law, a probate court, etc. You should check with an attorney to see specifically what you need to do.
You should also start an administration of the estate as that will be where you decide these matters. If the home was community property, then you would retain your half and your children would have inherited your husband's half. You may be entitled to some reimbursement for the improvements made since his death.
You should discuss this with an attorney who practices probate law. I agree that it is almost always better if you and the kids can work something out; contested probate can get expensive.
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