Legal Question in Wills and Trusts in Texas

Can sibling contest life estate?

10 years ago my mom had a will made out leaving all her assets (which was very little, a house and a car, which was sold 10 years ago when she quit driving)to be divided amongst her 5 daughters. I lived with her at the time as my husband passed away and I moved in with my mom as she had very severe rheumotoid arthritis and needed some help. We lived together for 12 years. 2 years ago, my mom told me that she wanted me to have the house, as it was now my home to for many years. We went to a lawyer and had a life estate drawn up that upon her passing, the house would go to me. 3 of my sisters totally agreed that she should do this. one sister was estranged and we had not seen her in years. My mom passed away on August 22nd after a brief illness and me and my sisters decided that we needed to call the estranged sister to let her know that mama was ill and in the hospital. She came to the hospital and visited our mom several times. When mama passed, she decided that she is now going to give me a hard time about the house and us doing it behind her back. Does she have any recourse in this? My mom is the one that gave it to me for staying with her all of those years. I never forced anything. Thank you


Asked on 9/21/06, 10:38 am

2 Answers from Attorneys
Cheryl Rivera Smith The Smith Law Firm

Re: Can sibling contest life estate?

Without reviewing the document granting the life estate, I can't answer conclusively. However, if she deeded you a life estate in the property or if she changed a will that granted you the life estate, the decision was hers to make provided she had the capacity to do so.

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Answered on 9/22/06, 8:08 am
James Grissom Law Office of James P. Grissom

Re: Can sibling contest life estate?

I don't know what's in the document that created the life estate. It sounds like your mother considered all of her daughters and that when your life estate is concluded, there will be some distribution to her heirs. The best person to answer this question is the attorney that prepared the documents.

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Answered on 9/21/06, 11:22 am


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