QUESTION
my fathers wife has asked my siblings and i to sign over our rights to his estate in texas so she can sell their house, do we have any rights?
Asked on Mar 29th, 2021 on Wills and Probate - Alabama
More details to this question:
My father passed July 10, 2020. He lived in Texas with his wife for the last three years of his life. They bought a house there in 2018 and now she's selling the house which was in both of their names. The Ellis Cty Abstract and Title Co has sent my siblings and I a form to sign so that the wife can sell the house. I believe there was a Will- but she claims that there isn't one. Ive called my local Probate Court to see- but if there isn't one- should we sign this form so she can sell and if we do- should we expect to be given anything for the profit she will make on the sale?
1 ANSWER
2 Awards
Texas is a community property state. Your stepmother retains her 50% interest and a lifetime occupancy right. Your father's 50% interest passes to his children. Hire a probate lawyer who practices in the county in which your father lived and died to file an application for determination of heirship or, depending on the situation, small estate affidavit to protect your interest.
Answered on Mar 30th, 2021 at 5:22 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.