QUESTION

Am i entitled to part of my grandmothers home when she passes

Asked on Sep 04th, 2018 on Wills and Probate - Texas
More details to this question:
Grandma had2 children one son jim,and one daughter Delores(my mother) my mother passed away...so when my grandma passes does the home go half to jim and half to me and my brother? My dad is still alive....also jim does not like me is there anyway he can change will? My grandma is in a hospice type place and really doesn't know who anyone is. Also i have been staying in grandma's house but got kicked out because he said i wasn't keeping it clean and I owe him for electric. He gave me no notice just get all your stuff out that day. We had no contract and ive been there off and on since 2015.in 2015 i lived there with grandma.
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1 ANSWER

Wills Attorney serving Austin, TX
2 Awards
If your grandmother has a valid Will, her property will pass as she wrote in that Will.  No one can change it but her. If your grandmother does not have a valid Will, her property will pass under the Texas laws of descent and distribution.  If your grandfather is dead and your grandmother's only children and Delores and Jim, half (after all the bills are paid) will pass to each or, if they are deceased, to their children. Whether your uncle can kick you out of your grandmother's house before a court appoints someone as executor (valid Will) or administrator (no valid Will) to settle her estate depends on the situation.  While your grandmother is alive, an agent under a Durable Power of Attorney may have authority over her property (if the document so states).  After she dies, no one has authority over her property until the court appoints them as executor or agent or approves a Small Estate Affidavit.  If she has no valid Will and all she leaves is a house, the heirs could record an Affidavit of Heirship in the deed records -- but courts will not enforce it until it has been of record for five years with no one complaining that it is incorrect.
Answered on Sep 05th, 2018 at 5:07 AM

This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.

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