Legal Question in Wills and Trusts in Texas
Wills and Real Estate
My stepdad has been diagnosed with terminal cancer. He has no will and now we find out that even though he and my mother have been married over 30 years, the house they bought together is in his name only. If we can't convince him to write a will, do all assets go to my baby sister, who is his only child? Does this mean that my mother will receive nothing? We also think that my stepdad has children
from a previous marriage although we have never seen or heard from them. Can they touch any of the assets after he passes on? We cannot convince my stepdad to do a will yet he has said that he wants to make sure that my mother has been provided for. What can of legal recourse do we have?
Your help is deeply appreciated.
2 Answers from Attorneys
Re: Wills and Real Estate
Get him to a lawyer immediately. The cost of a will leaving everything to your mother is going to be a WHOLE LOT cheaper than all the probate matters that will ensue after his death without a will.
Re: Wills and Real Estate
Getting him to prepare a will is the best solution. As to what the distribution of his property would be without a will, please check "Intestate Distribution" on our website at "www.bradie-law.com".
If he dies without a will, your mother will have to move for determination of heirship. That will determine who your step-father's legal heirs are. Your mother is one of them.
Were you adopted by your step-father? If so, you would be an heir as well. If you've taken your step-father's name, and lived most of your life with him, you may have been adopted by estoppel, particularly if he referred to you as "his child".
If he had children from a previous marriage, and he dies without a will, they would also be legal heirs.
Was the house bought before your step-father married your mother? If so, that would be separate property. If they bought it together, that would be community property. In either event, your mother has at least a life estate in the house, and can't be driven out.
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