Legal Question in Wills and Trusts in Texas
My mother passed away and did not have a will and my father is talking about selling their house to buy a new one with his girlfriend. Me and my sister want to find out if we have a portion in the house since there was not a will even though in front of several people she said she wanted us to get it. My dad said if we try to stop him he will give it someone in a will when he dies can he do either even though they were married the house was only in her name.
2 Answers from Attorneys
IF IT WAS THE ONLY MARRIAGE FOR THEM AND YOU ARE THE OFFSPRING OF THAT MARRIAGE...THE HOUSE AND EVERYTHING OWNED BY THE SPOUSE GOES BY LAW TO THE OTHER SPOUSE....IF THERE WAS NO WILL...
If there was no Will, then who gets what depends on whether property was her separate property or community property and whether she had any children who were not her husband's children.
If ALL children were hers and her husbands, then he inherits all of the community property and a portion of the separate property. It does not matter whose name the house was titled in, only whether it was community or separate.
If ANY child of hers was not also her husband's, then ALL of her children inherit all of her half of the community property.
In both cases, the husband retains his half of the community property. What she may have told anyone is not binding.
Also, he would retain a homestead right to live in the house for his life or until he moves out.
If there is no Will, then you can file an application to determine heirship, if you want. That will settle the issue as to who owns what.
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