Legal Question in Wills and Trusts in Texas
Rights to Property - Homestead Law?
I am confused about the homestead law, or if it even applies in this instance. My sister and her family has recently moved in with my mother,& begun renovation on ''their'' part of the house. Mother has stated that she doesn't want us to fight about her will, so it will be up to my sister & I to divide everything up between ourselves after her death. What rights,if any,do I have to the home & acreage it's on,since sis is already living there?I have a good relationship with my mother,but also have my own family w/ small children & a career,& live in another town,whereas my sister has nearly grown children & can stay w/ Mother 24/7 if needed.I know they will hold that against me.Will I simply have no rights to the house and land, and have to settle for 1/2 of the remaining estate, or should my sister owe me for 1/2 the value of the home? There are no other siblings, & assuming that there are no debts on the estate.
2 Answers from Attorneys
Re: Rights to Property - Homestead Law?
Unless your mother's will says otherwise, you and your sister will own your mother's house as joint tenants. If your sister wants to keep all the house, she'll have to pay you for half.
Re: Rights to Property - Homestead Law?
Hopefully it won't get down to an argument between you and your sister, but you will have the right to file a partition suit for your half of the property after your mother's death if she refuses to cooperate in dividing the property.
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