Legal Question in Wills and Trusts in Texas
A man gave 1 of his sons of 2, his home. No transfer of deed made. The son took possesion of the home, made repairs, paid all bills. Man died almost 3 years later with no will. The second son wants more land interest for the value of the home. Does the second son have a right to this legally in court?
Asked on 4/03/11, 11:30 am
1 Answer from Attorneys
Possibly. If the father didn't record the transfer in some sort of writing, then there is a statute of frauds issue. This means that son1 may have a very difficult time proving that the property was gifted to him, and that can also mean that son1 and son2 would split the father's property (all of it).
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Answered on 4/03/11, 2:38 pm
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