Legal Question in Wills and Trusts in Texas
Question about grandfathers will
My great-grandfather lived in Texas and died several years ago. He got remarried to a ''younger woman'' who successfully and convienently took most of his money and possessions after his death. Since all of my family lives in NC, we did not know what she was doing. My grandmother was his only child and was listed in the will as the beneficiary of his entire estate. However, this new wife transferred all of his money somewhere, sold all of his cattle, hay, tractors, farm equipment, etc... before my grandmother could get to Texas and she could not prove what she had done. My question is about the house and land. This woman still lives in his house. According to Texas law, is this house and land hers or my grandmothers? After the new wife dies, who does the house belong to? We are not familiar with Texas law. My grandmother hired an attorney after his death, but could only afford to pay him for 8 months. Can you help me with some of the details of this situation? Also, we know in NC there are ''squater's rights'' where someone could claim land if no one has the deed after a few years. Is there a similar law in TX?
2 Answers from Attorneys
Re: Question about grandfathers will
In order to give you an accurate answer to all your questions, I would need to see the will and know whether the land is separate or community property, since Texas is a community property state. If I assume that the land was obtained before the marriage and was your great-grandfather's separate property, then his wife only has a life-time interest as long as she uses it as her homestead. However, your grandmother should file the will for probate and establish her claim to the land within 4 years of his death in the county deed records to keep the title clear. Adverse possession is the legal term for what is commonly referred to as "squatter's rights," and Texas does provide that a person with open and hostile possession will become the owner after a number of years. The wife's lifetime interest means that she is not in hostile possession, so adverse possession will not apply to her. I can help file a will anywhere in Texas. If you need help, feel free to contact me at 210-655-9090.
Re: Question about grandfathers will
The wife has a life estate in the homestead. Whern she dies, it will go to your grandmother, or your grandmother's heirs if she dies before the 'wife' does.
Texas does have the equivalent of a squatter's provision; it's called adverse possession, and it has to be open, notorious, and hostile to the true owner. It doesn't apply in this situation since the wife has a legitimate interest in the property.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
