Legal Question in Wills and Trusts in Texas

No Will

Spouse died, he left no will, mortgage loan in his name, my name is on deed of trust. His grown kids want the house. He and I bought house together. He has IRS debt, tax lien on house. I found out about his debt to IRS 6 months into the marriage. If his kids keep the house I would like to charge the estate for fraud, because my spouse lied to me about so many things.


Asked on 3/11/09, 1:34 pm

2 Answers from Attorneys

Re: No Will

You don't say if you want the house or not. That makes a difference. You, as the spouse, have an ownership interest in the house, as it was purchased during the marriage (I assume). However, the house is subject to the IRS lien. Was the lien incurred before the marriage? If so, then the lien should only attach to your husband's 1/2 interest in the house. If not, then you should seek protection as an innocent spouse.

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Answered on 3/15/09, 5:17 pm
Donald McLeaish McLeaish&Associates;, P.C.

Re: No Will

you have the right to stay in house until your death..but if sold, you own 1/2 at least..his half is going to IRS etc..before children get anything..no rush to probate...no need...

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Answered on 3/11/09, 2:09 pm


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