Legal Question in Wills and Trusts in Texas

Mother trying to have her mother sign over rental property to my two children

my mother has lung cancer she was told she needed to take care of things before well you know! My grandmother is still living which is my mothers mom, My grandmother owns rental property (that is not in my mothers name) but my grandmother has alzhymiers (moderate-sever)My mother is upset because my live in boyfriend of two years is black she told me that no black person will have any family money ( But my oldest son (13 yrs old)father is black. My grandmother depends on the money that comes in every month from her retal property, my mother does not wont the rental property put in my name at all, she is trying to convince me grandmother to sign the rental prop. over to my two sons, oldest 13&6 before my mom goes to a better place. if my grandmother is talked into doing so she will loose her only income she has. i feel that the rental property needs to stay in my grandmothers name and then she can will it to whomever. what i wold like to happen i am the only granchild me and my commn law husband take care of all maintance on her rental property as well as all the expense that come along with it my mom has never done a thing to help out in anyway i take care of my grandmother pay some of her bills take her to doc. appts and pay for.


Asked on 12/13/04, 11:19 pm

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: Mother trying to have her mother sign over rental property to my two childre

If your grandmother has moderate to severe Alzheimers, she may not be competent to make a will or assign property. If she has no will and dies before your mother does, your mother may be able to distribute the property as she wishes.

But if your mother dies before your grandmother, unless your grandmother already has a will leaving her property to other than you or your mother, or if she has no will, then you will inherit the property.

If your grandmother is competent to put the property in your children's names, someone will have to be the trustee for the childrens' estates until they turn 18. Since you are their natural guardian, you'll probably be the trustee as well.

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Answered on 12/14/04, 10:24 am


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