Q: Uncle passed away without a will.
He acquired my aunts home through heir ship. My aunt was 90, single, never married or had children. My uncle's stepdaughter is trying to sell his home. My uncle has one biological child, a 52 year old son who is serving time in a Texas prison for his second DWI. The son has one biological child.
The stepdaugter said my uncle verbally gave her the house. My sister and I received a call from the title company handling the sale and said the house could not be sold without my sister and I signing over our heir ship rights to the property. Can the step daughter sell the house and keep the proceeds? Selling price $295,000.00
A: I am not licensed in Texas, but it will be hard for the stepdaughter to sell the house without the house passing through probate court. When an individual dies without a trust (ie. a will or intestate), the estate has to be presented to the court for the court to decide the distribution of the assets that the individual left behind. Before this happens the house will be in the Aunt or Uncle's name which should prevent the title company from handing over the deed without a court document. If the court determines that the property should be handed over to the stepdaughter, then she can sell the house, but without a court document showing that the property passed to the stepdaughter intestate, she will not be able to sell the house.
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