Q: Grandmas house was left to my mother, mother died, but house isn't in her name. Please read details I will provide more.
My grandma died her house was left to my mother In the will (Will was approved in probate), my mother died and step dad is residing in the house, mom didn't have a will, I've just discovered the house is still in my grandma's name not my mom's. So if the house isn't in my mom's name step dad has no rights to be residing correct? Also since house was left to my mother who's deceased, who will the property be divided by or to? I have one sister and there were 2 grand children alive at time of death.
A: Not every probate lawyer files a Distribution Deed or the Order accepting the will for probate with the county clerk of the county where the real property is located. But if there is such an Order, the property was your mother's. If she died without a will, her husband (your stepfather) has a right to live there for life. But ownership will be divided according to the Texas rules of descent. Because she has children who are not his, they will receive an ownership interest. What interest depends on whether the real property was her separate property or community property with your stepfather. Look at the chart on the Travis County Probate Court website to see how this works.
James Norman Willi agrees with this answer
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