Legal Question in Wills and Trusts in Texas
No will
My husband deceased 7 years, no will left. I have mortgage payment and trying to refinance. He has 2 children from previous marriage. Are they entitled to a claim of above property whenever it is sold or re-financing.
1 Answer from Attorneys
Re: No will
It depends on the nature of the property. Did he own it before he married you, or inherit it? His separate property.
Did you own it before you married him, or inherit it? Your separate property.
Did you buy it together? Community property.
If your separate property, they have no claim. You can do what you want with it.
If his separate property, you only have a life estate in 1/3 of the property. You can't sell it, but you can rent it and collect the rentals.
If community property, you own half, they own half. You can't properly sell it without their agreement.
If your husband's estate hasn't been probated, where heirship has been determined, you may run into a snag on re-financing.
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