Q: MY MOTHER DIED 4 YEARS AGO MY STEP FATHER REMARRIED 3 MONTHS LATER BUT THE HOME IS STILL DEEDED IN MY DECEASED
MOTHER AND STEP FATHER'S NAME, HE HAS A LIVING SON AND I HAVE A BROTHER HIS HEALTH IS QUITE POOR NOW NOT SURE IF HE HAS A WILL BUT WHAT DO I NEED TO DO TO GET MY MOTHERS PORTION FROM THE HOUSE?? WILL HIS NEW WIFE GET THE HOUSE IF HE WILLS IT TO HER??? DO I NEED TO FILE ANYTHING??? MY MOM DIDNT HAVE A WILL WHICH IS MY FAULT..PLEASE HELP??
A:
Consult with a probate attorney in your area without delay. The attorney will review all of the personal details and provide you with options. It may be necessary to file a Small Estate Affidavit, Declaration of Heirship or other probate proceeding in order to establish rights in property.
Don't blame yourself for your mom not having a will. Although a will is preferred, it must still be admitted to probate court and found to be valid; otherwise, it's useless. Texas has laws to protect the rightful heirs in situations like this; however, they can be quite confusing, especially when step-parents/children involved. Again, consult in person with an expert, there is no sense in worrying until you know what to worry about. Best wishes.
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