Q: Texas: Father died in Mar, in Oct transf deed to my bro w/o telling my mom. Mom is not on the deed. What can she do?
Mom and I have paid taxes on this property no brother. I have proof. Father has history of criminal acts. This property was acquired during their marriage.
A: If you are referring to a Transfer on Death deed, both owners are required to sign. On other deed types your father can only transfer his share.
A: If the property was acquired during marriage, your father can only transfer his 50% community property interest -- subject to your mother's right to remain in the home for life.
People who pay taxes on real property have a claim against the estate and should file this in the probate court. Paying taxes does not give an ownership right.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.