Legal Question in Wills and Trusts in Texas

My mom recently passed. My sister and I are her only heirs. She received a house from my grandmother in 2007. My grandmother had paid for this house in full so my mother did not make any payments. Come to find out my mom married this huge jerk. She never told my sister and I because she knew we would not approve. This "husband" is an illegal immigrant, alcoholic, lazy, and free loading good for nothing. They married in 2009. He has changed the locks on our house. Can he do this? Aren't my sister and I entitled to part of the property? We live in Texas. My mom left no will.


Asked on 7/29/15, 1:09 pm

1 Answer from Attorneys
Keith Engelke Law Office of S. Keith Engelke

Your mom's estate needs to be opened in the state/county where your mom resided when she died. That is probably going to be where the house is located. It sound's like the house is separate property and since there was no will, you and your sister each get 1/2 of the house. 1/6 of each have is subject to a 1/3 life estate in favor of the surviving spouse. You need to hire an attorney to help you administer the estate. There is a 4 year statute of limitations from when your mom died.

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Answered on 7/30/15, 6:30 am


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