El Paso, TX asked in Real Estate Law and Probate for Texas

Q: My elderly parents bought me this home seven years ago when I escaped an abusive husband.

They assured me that it was to be my part of the inheritance I would ultimately receive from them. There was a tacit agreement that I and my children would help them in their final years; my stepdad was increasingly incapacitated by dementia and my mother had already lived several years in a wheelchair after her leg was amputated. I have paid all taxes and insurance, made all repairs and many, many major improvements to the property and have devoted most of my non-working hours to caring for my folks. My 92 yr old stepdad died in February and now my brother, who has never, ever cared for them, has appeared and has manipulated my 89-year-old mom into thinking I have cheated her all these years. She says I must buy this home from her NOW. She says its value is a disproportionate percentage of any inheritance I would receive and it's not fair to my siblings. What can I do?

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1 Lawyer Answer
Terry Lynn Garrett
PREMIUM
Terry Lynn Garrett
Answered
  • Probate Lawyer
  • Austin, TX
  • Licensed in Texas

A: All too often caregiving children err by relying on a "tacit agreement," as if having a written family caregiving agreement would not protect everyone. Without one, you are left submitting a claim to the estate as an unsecured creditor -- one that may only be accepted if you have documented your duties and hours and skills and shown that you did not simply do what someone would expect of a loving child.

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