Texas  |  Wills and Trusts

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11/16/09, 3:35 pm

Legal Question


My mother died two months ago with no will. My Step Father informed my brother and I that we now own half the house. He told us that we will need to pay half each month if we want to remain owners. We can not afford to pay monthly. What are the options that we have? We do not want to just sign the house over and recieve nothing after our Mom helped pay for 14 years on that house.


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11/21/09, 5:36 pm

Legal Answer


That is absolutely wrong. If he continues to live there, he is responsible for all of the taxes, upkeep, and interest on the mortgage. The only items mom's heirs would be responsible for are their pro-rata share of insurance and pro-rata share of principal if there is a mortgage which wouldn't amount to much. See Sargeant v. Sargeant, 19 S.W.2d 382, and Hill V. Hill 623 S.W. 2d 779 if you want to look up the case law. My condolences on your loss.

Cheryl Rivera Smith

The Smith Law Firm 11660 Creek Point Drive Frisco, TX 75035-8278

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