Legal Question in Wills and Trusts in Texas
Survivorship Rights
My father was married for 18 years to a woman who passed away in Sept. Subsequently her daughters kicked him out of the home that he had shared with this woman, producing a will that she'd signed a month prior to her death leaving everything to them. He left the home with nothing but his clothing and an automobile that he is still paying on. According to the bank, he has 'right of survivorship' however since those women have taken all possesions that were in the home ( and are demanding things that they say he took, which he didn't) do they have the right to a portion of the automobile too? I hate for him to continue to use his small amt. of income to make payments on a car that they could eventually swoop down and demand that he sell it to give them their share. Please advise.
3 Answers from Attorneys
Re: Survivorship Rights
Even if the home was in your step mother's name, if the home was your father's and his wife's homestead, your father has a life estate in the home. As to the other items, your father needs to find a lawyer!
Re: Survivorship Rights
Your father needs a lawyer immediately. The will can only pass on what the woman owned, and that's half of the community estate. The other half is your father's, despite what the will may say.
Re: Survivorship Rights
Your father has a life estate in the homestead - this means he can live there for the rest of his life, provided he pays the mortgage, taxes, etc. He needs a lawyer IMMEDIATELY before the children have a chance to squander the estate.
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