Legal Question in Wills and Trusts in Texas
Family home handed down
My grandmother died in late 1960's and did not leave a will. My mother lived with her at the time and has lived in the family home ever since (maintained upkeep and taxes). What is her rights to the home since there's no will? There are 4 other living siblings.
2 Answers from Attorneys
Re: Family home handed down
Right now, there is clouded title which would make it difficult to sell or mortgage the property. There are a few different options:
1. As a general rule, when the grandmother died, the property passed to her heirs. If she only had the five children at the time of her death (no husband, no other children who have since died) then your mother has a 1/5 interest in the house.
2. Because your mother has paid taxes and upkeep for decades, she may be able to claim adverse possession of the house, through a court procedure. It can be expensive to pursue this route.
3. If all siblings agree, then they can clear title of the house to whomever they choose (including your mother) by use of heirship affidavits and deeds. This is inexpensive, but it requires everyone to agree.
Re: Family home handed down
When your grandmother's estate is probated, your mother will have an undivided 1/5th interest.
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