Legal Question in Wills and Trusts in Texas

Separation of Property

My mother and my uncle own the residence of my deceased grandparents. They are both named on the deed of the home. If my mother passess away without a Will, will my uncle have legal right to the entire property? We are trying to convince my mother to draw up a will, but she not sure of her rights. My mother would like to Will her half to me and my siblings. Can this be done legally through her Will.


Asked on 2/17/08, 2:59 pm

1 Answer from Attorneys

Cheryl Rivera Smith The Smith Law Firm

Re: Separation of Property

I will only go to uncle if the deed is a survivorship deed and if that is the case, a will won't help. Otherwise the property would pass under the intestacy statutes and uncle would be way down the line after husband, children & parents.

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Answered on 2/17/08, 3:24 pm


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