QUESTION
My parents have a mortgage in TX. The deed has their names & their son. He moved out 9 yrs ago.They want their 3 children to benefit equally. Options?
Asked on Dec 20th, 2016 on Wills and Probate - Texas
More details to this question:
They want to know what living will options they have or legal action they can take. My brother wants to keep paying the house when they die and keep the property for himself. My parents want the house to be sold when they die, the mortgage to be paid, and any remaining money after the sale to be split equally among their 3 children. Their son moved out of the house over 9 years ago and does not help with the house expenses. What can they do now to accomplish their wish of benefitting the 3 children equally given that their son is on the deed and he disagrees with their wishes?
1 ANSWER
2 Awards
The answer to your question depends on exactly how the deed is worded. In any event, your parents can make provisions for their share of the property in their respective wills. Generally, a spouse leaves their share to the other spouse and then when the surviving spouse dies, they devise to the children. As to the son's interest, it would, again, depend on the exact wording of the deed. If he refuses to give up his interest by giving or selling it to the parents, he would own the property along with the surviving spouse and then the children.
Answered on Dec 21st, 2016 at 2:01 PM
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