Spring, TX asked in Real Estate Law and Estate Planning for Texas

Q: My husbands mother passed away in 2014 and his stepfather still lives in the house, can he sell without his signature?

it is him, his sister and his nephew who are heirs of his mother. What can they do to make sure they get their portion of the sell? Do they have any claim to the property? Also there was property purchased before her death, but she is not on the deed, do they have any claim there?

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

A: If his mother was married, her husband has an implied Life Estate and cannot be forced to leave the property; however, there is also a certain duty to maintain the property. I suggest they speak with a probate attorney and ensure the estate is handled appropriately, i.e. just because someone has a will doesn't mean it is a valid will and property just passes to heirs; a will must still be officially recognized by the Court as valid before beneficiaries are entitled to disbursement, etc.

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