QUESTION

Would the house be considered 50% mom's and 50% split between us three girls if my father died without a will in 1973?

Asked on Jul 18th, 2014 on Estate Planning - Texas
More details to this question:
My mother is in a nursing home. I have two sisters.
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2 ANSWERS

In Texas there are a couple of questions that need to be asked. Was the house community or separate property? Next are there children outside this marriage, such as a previous marriage? Since you say it is your mother and father, I will answer as if your sisters are also the product of this marriage. If the house is community property, it belongs to your mother. If the house was your father's separate property, it belongs to you children. She however, has the right to live in it all of her life. Whether her stay in the nursing home is sufficient to remove that right, is a whole different question.
Answered on Jul 22nd, 2014 at 12:59 PM

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Business Attorney serving Dallas, TX
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I need more information. Who is on title to the house right now? Just Mom? Is there a husband? Are there any deceased children of your mother? Did you mother have a will? Is your mother on Medicaid? Did your father have children outside the marriage?
Answered on Jul 22nd, 2014 at 9:50 AM

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