Legal Question in Real Estate Law in Texas

Real Estate

My father married 30 years ago and his wife died leaving everything to him, however, the house and land are still titled in her name. His will states that everything goes to his children. Her only child is now wanting the property. Who wins?

Asked on 7/09/08, 12:44 pm

2 Answers from Attorneys

Joseph A. McDermott, III Attorney at Law

Re: Real Estate

If the wife died first and left everything to him, then he inherited on her death irrespective of how the property was titled. If he left it to his children, they own it.

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Answered on 7/09/08, 1:01 pm

Kathryn Perales PMI Oil Tools

Re: Real Estate

From what you say, your father's children should win. However, there will be procedures to go through in order to get title into their names. It sounds like her estate was never taken care of. Wills should be probated within 4 years of the testator's death. Hopefully you can find her original will, and hopefully you won't have trouble probating it more than 4 years later. You need to see a lawyer to clear up the title, hopefully in your favor.

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Answered on 7/09/08, 5:29 pm

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