Legal Question in Wills and Trusts in Texas
In the state of Texas
Deceased parents owned home.
Daughter and her husband lived with them from 1990 until last parent died in 1996.
Daughter died surviving husband still lives in the home.
Deceased daughter's 6 sisters and brother want surviving spouse living in home to vacate so they can sell the property.
He will be homeless if they evict him and he is income is less than $8,000 per year.
Does surviving spouse have ownership interest in property?
All died intestate.
1 Answer from Attorneys
It depends on whether deceased daughter had children outside of the marriage. If children outside of the marriage, her children would split her estate. If all children are within the marriage, her spouse would probably inherit her share, depending on what year she died. With his income, he can probably qualify for public housing. You should contact an attorney - the property should be sold and the proceeds split accordingly. If he refuses to move, a sale can be forced by filing a lawsuit to partition the property. It is expensive to do so.
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