Legal Question in Wills and Trusts in Texas
Sister died but married to immigrant from Iraq
My sister died recently and was married in Iraq for 2 yrs. to an Iraqi National man who now lives in the USA and has for appx. 6 mos. She bought a house 1 yr. ago in the USA(Texas) in her name, that our mother co-signed on and was named as survivorship. Her children(4 of them),who are all over 21 yrs. old thought they should inherit her house and contents, but her husband has hired a lawyer and is sueing for what he says is rightfully his. My sister was married to the Iraqi man for 2 yrs. before she died and I would like to know what the law is concerning this matter. Who is entitled to my sisters house and the contents of the house? There is not a will. She died over in Iraq but she is an American, she was working for a law firm there. Please tell me what the law is concerning this matter. Thank you
2 Answers from Attorneys
Re: Sister died but married to immigrant from Iraq
This is not an easy question to answer. Did your sister buy the house as her sole an separate property? Was it the Husband's homestead? You should immediately hire a lawyer on this one, because the children's interest should and can be protected.
Re: Sister died but married to immigrant from Iraq
The husband has 1/2 undivided community property interest in the house - the 4 children have the rest. The H has a life estate to live in the house for as long as he lives. The mothher has the obligation to pay for the house.
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