Legal Question in Wills and Trusts in Texas

my mom died 12 years ago in tennessee, but my father is still alive. They purchased a house in texas for me to live in in 1993 and i am still living in it. in my moms will she wanted this home to go to me but now my dad is wanting to sell it, do i have any rights?


Asked on 9/29/11, 5:28 pm

1 Answer from Attorneys

Keith Engelke Law Office of S. Keith Engelke

Maybe. If the house was community property, then your dad owns half the house. If it was separate property your mom owned all the house. From what you state in your question it sounds like the house was community property when your mom died.

If your mom's will was probated and it gave you the house, you should be able to record an authenticated copy of the will in the records where the house is located. I am assuming it was probated in Tennessee and that she resided there when she died. Or you can probate the will as a muniment of title in the county where the house is located. Either would perfect your interest in the house. You should also investigate whether you have a homestead interest in the house. A homestead interest in the house might prevent any sale.

You should hire an attorney to help you review your situation.

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Answered on 9/29/11, 6:07 pm


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