Legal Question in Wills and Trusts in Texas
moms will
my dad passed away and did not leave a will...my mom just paid off their house..here in Texas...the house is in my dads name...my mom has a will stating that her four children share in her assets...my concern is...one of the brother lives with our mother..when she passes what will become of her house..will it go to each of the children although it is in my dads name ..thank you
2 Answers from Attorneys
Re: moms will
It sounds like an unfriendly family...but someone could hire a lawyer and probate the estate without a will...and pay lawyers to settle the disputes...it may seem clear..but from the littl I read, I would not venture an answer..
Re: moms will
Assuming dad has no children outside the marriage, mom will be dad's heir at law. If that is the case, filing an heirship affidavit will suffice. Then, when mom dies, her will should be probated and the proceeds from the sale of the house should be split among the children by the executor. If dad has children outside of the marriage, then the answer will be completely different.
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