Legal Question in Wills and Trusts in Texas

My father has been placed in a rehabilitation home. He is 90 and we unable to take care of him but he gas no will; what do we do? My sister and I live in the house and I have lived here sine 2005. We lost our mother in 2006. So I stayed with my father alone until my sister moved down to help about 4 years ago. How do I get the house in my name in order for me to get work done on it?

Asked on 8/24/14, 10:49 am

David Leon David L. Leon, P.C.

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I see this question quite often in my practice. Unfortunately, you haven't given me enough information. Here's what I would need to know:

1. Is Father competent? Does he have "good days" where he knows what's going on?

2. Is Father on MedicAID? Is he planning on getting on Medicaid? If he's not on Medicaid, who is paying for the rehab home?

3. What kind of rehab home is it? Long term care? Physical rehab? Dependency Rehab? Is he planning on returning to the home?

4. Who is in title on the house now? Mom? Dad?

5. When did Dad buy the house? Was he with Mom at the time? Or did Mom buy the house before Dad was in the picture?

6. Did Mom have a will? Was it probated when she died?

Feel free to post an update here or contact me.

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Answered on 8/24/14, 3:23 pm

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