Legal Question in Wills and Trusts in Texas

My mother recently passed away with no will in Houston, TX. She owned a house prior to her common law marriage to her husband. Does he have rights of ownership to the house, other than living rights? The HCAD is owed delinquent taxes, and he is trying to get them deferred. Do the taxes have to be paid before he is granted the deferral? How is the house to be divided, if any, to me (her only heir and my father is deceased too). Does the house belong to me fully or does her common law husband have rights to the ownership of the house? He's currently residing in the house. His children are taking all sorts of items out of the house and have had my wife and I restricted from the house. What are you suggestions and answers? Thanks


Asked on 4/11/10, 8:17 pm

1 Answer from Attorneys
Cheryl Rivera Smith The Smith Law Firm

Contact an attorney in your area NOW. As your mother's heir at law you inherit all of her separate property and all of her share of any community property. If common law marriage can be proved, husband would have a life estate in the homestead, but the remainder is yours if he either dies or abandons the homestead. You will probably need a restraining order if the kids don't behave until the estate gets sorted out.

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Answered on 4/17/10, 8:54 am


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