Legal Question in Wills and Trusts in Texas
Understanding Deeds and Probate
My dad recently passed away without having a Will. He resided
in TX, and owns a home there. He is survived by a wife, but
not my mother, and they were married for only a short time.
I've looked up the deed to his home and it only lists his name,
along with the term...OWNERSHIP 100%. Now my question is,
does that mean he is the sole owner? Does the deed have to
list all owners if there are more than one? And in TX, do my
brother and I have any rights to this property? Because so far,
the step family has taken it all from us! I'm desperate, need
advice!
3 Answers from Attorneys
Re: Understanding Deeds and Probate
If your father is listed as sole owner on the deed, it is possible that he is the sole OWNER. There may be a community property issue depending on when he acquired the property, i.e. before or after marriage. In either case, the estate will need to go through some sort of administration to transfer all property titled in your father's name to the next generation. Let me know if I can be of further assistance.
Re: Understanding Deeds and Probate
The surviving wife has a right to live in the property for life surviving children have right to `1/2 value of property....hire a Texas Lawyer ..or better ..call surviving wife and try to come to a friendly settlement..
Re: Understanding Deeds and Probate
You need an attorney to protect your interests. As an heir at law, you can open an heirship proceeding. Because the house is step-mom's homestead, she will get a life estate, but the house, as well as all of his separate and his house of community real property belongs to his children. Don't wait to get help.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
