Q: My father died 5 years ago. My step mother told me the house they lived in was under my step sister's name.
We had a complicated relationship. Now they are reaching out to my brother, sister, and I for signatures because the house was really in his name and my step mom. We're in Texas. I've read his 1/2 is to be split among his children. Up until this week we didn't know there was even an "estate" to split. Are we supposed to use the fair market value at time of death, or today's? Also, she (step mom) wants to refinance the house to only her name, but I'm almost certain she wants to sell it.
A:
If your father passed away without a will, his 1/2 community share of the property and 2/3 of his separate property will pass to his children if he has children that are not also the children of his surviving spouse. Based on what you are saying, you and your siblings would split your father's 1/2 share of the house based on its fair market value at the time of the sale or refinance.
To clear your father's name off the title to the property you need to determine heirship. Using a Small Estate Affidavit you can get an order from the Court determining the heirs without a hearing, but the rest of his estate, besides the house, must be valued below $50,000.
You generally need a personal representative appointed when there are debts owed by his estate. Given how much time has passed I doubt he has outstanding debts still owing. If the value of his estate is more than $50,000 and there are no outstanding debts, you will need to have an attorney file an Application to Determine heirship but you should not need to administer the estate.
Title companies often accept affidavits of heirship, which are simpler and less expensive than the options listed above. I would venture a guess that is what your step-mother wants you to sign.
You should meet with an attorney who can give you clear direction after reviewing the specifics of your case.
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