Odessa, TX asked in Patents (Intellectual Property) and Probate for Texas

Q: What can we do about my mother’s husband wanting to take all her property after her death? He is Not a legal Citizen

We feel that it is a sham marriage just to help him get citizenship. We also have my mother and father divorce papers where it states that the property and house belong to the children.And When the youngest child turn 21 we were to sell the house and give the money to the four children. But we did not want to kick her mother out of our home. What do we do now?

1 Lawyer Answer
Dillon B Norton
Dillon B Norton
  • Probate Lawyer
  • Houston, TX
  • Licensed in Texas

A: I'm terribly sorry to hear about your mother's loss and how complicated this is for your family. Without a bit more information it's difficult to determine what the proper outcome should be as it depends on many factors. One thing I know for sure is that you need to hire a probate attorney to help you with this issue.

If she had a will, start there. If the will names him as the beneficiary of the estate 100%, then you should think about contesting the will as people are not entitled to give away more property than they own.

If your mother did not have a will, then you should apply for an heirship and independent administration of her estate. In the application, you should reference the property in question and the relevant provisions in the divorce decree.

If everything goes smoothly and the children are in fact the rightful owners of the property, you could have a remedy against the husband. However, you need a probate attorney to do this.

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