Q: Texas Probate Codes in 1965 & 1974
Hi,
Our mother died in 1965 and left no will. Our father remarried in 1971 and died in 1974, leaving no will. Our family home was paid for and his new wife had 1/3 contingency rights to live in family home and has lived there until we recently found out she purchased a new home several years ago and filed a homestead exemption on her new home. Can we file an Affidavit of Heirship so we can have a judge determine what to do with our family home? Stepmother is renting it to her son but tells us she still lives there. She was born in Mexico and came to our home as a nanny and ended up marrying our lonely father who was 30 years older than her because she wanted her citizenship and a free home. If I told you the whole story, it would be a soap opera! Needless to say, she was not faithful and of questionable character . Thank you!
A: Go see a local probate attorney for a full discussion about these matters.
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