Legal Question in Wills and Trusts in Texas
who gets what?
My Mother, married a man who had no assets, and three grown sons, which lived away, and never hardly made occasion to visit their dad. Mom and stepdad bought land and built a small home together during their marriage. Stepdad died after twenty years of marriage together. Now mom is considering selling the old place which is very run down. She hasn't lived there since stepdad died eighteen yrs ago. It has been used only for storage. When she sells it does she have to give a portion to his sons? He left no type of will at all. My mother is now 80yrs. old and could use the funds from selling the place, to get her debts clear before she dies. What is the legal way to handle this? Thanks so much...
2 Answers from Attorneys
Re: who gets what?
The sons got half of their father's community property when he died, and your mother her undivided one half. They'll all have to get together and agree to the sale, otherwise an affidavit of heirship will have to be prepared before the property can be sold.
Re: who gets what?
Yes. All heirs (she and his sons) will need to consent to the sale and the title company can handle the documents accordingly. If they can't agree, she can sue to partition the property to receive her share.
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