Legal Question in Wills and Trusts in Texas
No will
Two years ago, my mother-in-law (Pat) died after a lengthy illness. She made her wishes known, although not legally, that her husband, Walter, was to have everything she owned and upon his passing, her 3 remaining children would inheriet her posessions.
15 years prior, Pat's sister (Jo) sold her 15 acres of her land in Grand Saline. She moved a mobile home in and lived there until her death. Now, to the problem., Aunt Jo does not like the way Walter's family has moved in like ''white trailor trash'' and she is going to make them move?! She is, as we speak, having the land appraised so she will know how to fill in the check! She has ruled ''the family'' for years since her Mother's death and believes she can bully her way through this as well. She assumptiously dictates orders to the point that Walter is to the point to give up. He has no place to go and this is his only home. Please, any advice would be greatly appreciated! (No, it's really not funny!! lol)
Thanking you in advance for you assistance in this matter,
1 Answer from Attorneys
Re: No will
Walter is going to have to probate Pat's estate.
Unless Pat bought the property before she married Walter, he owns an undivided 1/2 interest in the 15 acres, and at least a life estate in the other half.
Jo cannot legally dispossess him. And if she tries to bully him, Walter can run her off the property as a trespasser. Perhaps that will give Walter the necessary backbone to tell her off, since Walter's life estate trumps even the childrens' interest. But he must probate Pat's estate to solidify his legal position.
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