Legal Question in Wills and Trusts in Texas
mother died without a will and my stepfather is going to sell the house
My mother died last year without a will and her husband is still in the home of joint ownership but has plans to sell it and buy another home somewhere else. My mother paid for most of the home with money from my grandparents. Do I and my two brothers, all biological children of my mom, have a right to any monies from the sale of the home? He also may remarry. Would his new wife get part ownership of my mother's home or of the new one bought with the sale of my mom's home?
1 Answer from Attorneys
Re: mother died without a will and my stepfather is going to sell the house
Depending on how the home is titled, you and your brothers probably own half of the house, and would be entitled to at least half of the sales proceeds. If you mother's estate was never settled, either by administration or affidavit of heirship, then you should consult with an attorney to make sure your rights are protected.
You are right to be concerned about what rights his new wife might have in the home if he remarries. It would be wise to consult with an attorney and get this straightened out before that happens.
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