Legal Question in Wills and Trusts in Texas

I live in Texas, my mom died without a will. My dad remarried and lives in the house that belonged to my mom's mom and he has never changed the deed. He is terminal and asked in his will that his wife live in the house until she dies. What kind of rights do we have with the house? Can we keep anyone else from living with her, make her pay rent, taxes or anything?


Asked on 7/09/12, 9:20 am

2 Answers from Attorneys
David Leon David L. Leon, P.C.

I don't have enough facts to make a determination. I need to know the following:

1. When did grandma die? (the laws changed in 1993) Did she have a will?

2. How many kids did grandma have, in addition to your mom?

3. How many children did your mom have? Were they all with your dad?

Dave

For more information, please visit our website:

http://leonlaw.com

Also, please read our disclaimer:

http://leonlaw.com/disclaimer/

Read more
Answered on 7/09/12, 9:28 am
Mitsy Barajas The Law Office of Mitsy Barajas

Part depends on whether your mother inherited the house herself in its entirety. If she did, your father is entitled to half the house. However, he has the right to live in the house until he passes. He has what its called a life estate. Once he is dead his life estate ends.

Since he owns half the house, he can leave his portion to his new wife, but the other half belongs to you and your siblings. You can request that the house be sold and the money be split among the beneficiaries.

Read more
Answered on 7/09/12, 9:36 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Texas