Legal Question in Intellectual Property in Texas

need advise over a confusing matter for, divison of property of a diseased fathe

This confusing and I'll try to make it as clear as possible. My husbands father recently passed away, leaving behind a wife, she has been very secretive about financial buisness matters regarding my father in law, we think that she is trying to take be sneeky and sell the house and not share the money with my husband and 3 siblings. He was not a rich man, but he died on the job, froma heart attack. She received $ from the College that he worked for, in return for not sewing( we know about this, but not from her telling us). Now she is all the sudden saying things about signing over there fathers half of the house to her so, because that would be the right thing to , she told 2 siblings about wanting to tell the house, because it is falling apart. The house is in both there names, so in order for her to sell the house she would need the 4 siblings signature to , be able to take all the $ for her self. They were not left anything from there father, he died with out a will, so is she sold the house she would only get 1/2 and the other 1/2 would go to the children. Well, she's saying that her lawyer said that the kids would only get 1/4, and I don't think that's true, or is it? This is the question, what % do the kids get,and what now


Asked on 10/13/04, 5:34 pm

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: need advise over a confusing matter for, divison of property of a diseased f

If the house was in both their names, it is community property. Your husband and his 3 siblings are not the children of this last marriage, so the real estate goes half to the step-mother (her undivided one half) and half to the children. The personal property at his death is also divided half to the wife and half to the kids. If they sign over their interest to the wife so she can sell the property, they can kiss that money goodbye.

Someone should probate the estate as a determination of heirship. That will be a judicial determination of who gets what, and what there is in the estate.

Read more
Answered on 10/14/04, 10:55 am


Related Questions & Answers

More Intellectual Property questions and answers in Texas