Plano, TX asked in Estate Planning, Family Law, Probate and Real Estate Law for Texas

Q: Do my stepbrother have right to the house? our parents were married his mother passed now my father passed.

There is a will and debt still on the house. The deed to the house was only in my father's name. my stepmother passed with 1 son. My father recently passed leaving 3 children. Do my stepbrother have right to the house? Do he have right to 50% ?

1 Lawyer Answer
Tammy L. Wincott
Tammy L. Wincott
Answered
  • Estate Planning Lawyer
  • San Antonio, TX
  • Licensed in Texas

A: I'm sorry for the loss of your father. Did your stepmother have a will? If not, it may be possible that all of her share goes to her child, i.e. 100% of her 1/2 in the house (providing house was bought during the marriage). It also depends on how long ago and other factors,. It's best to consult with a probate attorney personally instead of seeking a definitive answer on this (or any other) forum. Best wishes.

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