Legal Question in Wills and Trusts in Texas
My mother died and didnt have a will. She had a boyfriend she bought a home and land with they paid cash for the home her part was $55,000. He wants us to clear the title for just his name. We asked for $30,000. He says we dont have a right to it. He also kept her car that is just in her name only. My question is, Do we have any rights since we children are her heirs?
2 Answers from Attorneys
It's not clear to me whether or not your mom and her boyfriend might have been together long enough to be considered married under the common law. Whether that's an issue or not, you are entitiled to some part of her assets. If your mom was not married, then you are her sole heirs, if she was married, then it is a bit more complicated since apparently there was joint ownership of the house. Either way the boyfried is entitled to a "life estate" in the house if it was the place that they lived.
Whether they were married or not, you should file in the probate court to determine heirship so that the court can say who inherits what. You might also need an administration of the estate to manage it until it can be distributed.
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