My brother in TX inherited my parent's house, as per my father's codicil addition to his will. My brother then married. To my understanding, if my brother and his wife split up, my father's house would NOT be considered community property, it would remain the property of my brother only. My brother and his wife would have to buy a house together for her to get half of it.
You really do need to get a lawyer. This isn't something you want to guess about and be wrong.
Her estate has to be probated. The odds are he owns the house in full. It depends on if they co-mingled funds, or ever put a loan on the house. The only way it could end up your house is if mom was careful to always keep it as her sole property. Most married people don't, they co-mingle in order to lower their income tax payments.
u need a lawyer - simple and money to get anything from it.
Your mother's estate needs to go thru probate. If there was no will, your state law will determine who inherits what. In some states, the spouse gets a portion and the kids split a portion. Other states, the spouse inherits.
The type of deed and who shows on the deed also are big factors. Some deeds have right of survivorship and the co-owner automatically inherits it all.
You really didn't give enough information for anyone to reasonably answer the question.
In general, unless your mom had an estate plan that specified otherwise, her assets would pass to her spouse upon her passing. That means her husband, your stepfather, owns the house.
You need a lawyer to review the Texas laws surrounding property and its distribution upon death when there is no will.
You fail to make clear whether your mother's estate was ever properly probated per state law. You also fail to make clear who now holds title to the house.
I don't understand
my mom was married to my stepfather for more 20 yrs, the house we lived in was given to my real father by his parents {my grandparents}. my father died at the age of 38 ys old , my mom remarried 6 yrs latter. ok my question is that if my stepfather and his two kids from his previos marriage has a right to the house. what is the law in san Antonio,texas. mom and dad had 5 kids together and mom had a daughter with my stepfather. my stepfather move out of my moms house a year latter after my mom died. he is now fighting for nothing, I Want to sell the house, will my stepfather have to sign the papers in order to sell the house. or does he has to give up his rights.and has notting to do with the house?,or does he has any rights on the house, since he didn't bough the house, what are his rights and what are our rights.
I appecite your help, we don't know what to do or where to start. any suggestions or answers are appreciated.
thank you
san Antonio,texas
