Legal Question in Real Estate Law in Texas
who stays with the house
my mom pasted two years ago;leaving my dad as primary on their house. My dad whats to leave it too me and my brother when he passes. But he has two dauthers from another marriage over 40yrs ago. NO wills were written,please advice on how to handle.
1 Answer from Attorneys
Re: who stays with the house
In order for your father to leave the house to you and your brother when he dies, he MUST write a will. There is no way around it. If he does not, then the two daughters will also get a portion.
Of course, your father could give you and your brother the house during his lifetime. That would work. But that may not fit his plans.
As for your mother, it sounds like title to the house is still half in her name. This can be fixed without too much trouble, assuming she never had any children with any other man. If she did, then there is a problem.
Regardless, I recommend that your father contact a lawyer to help him prepare an affidavit of heirship to pass title of the house from mother to him, and also to prepare a will for your father.
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