San Antonio, TX asked in Real Estate Law for Texas

Q: Hi Mr Marvin! my mother's husband died without making a will. He had a daughter from a previous relationship but they

were estranged for many years. My mother was told by a judge that she could leave in that home for as long as she please as a homestead property and has been living there for the past 50 yrs. A few yrs ago my mother was told by a lawyer that she had rights to a portion of the property. how do we go about getting that portion on her name

her husbands Daughter died in 1999 but is survived by 3 daughter. If possible she would like to buy their portion of the land. I would really appreciate your advise in this matter.

my e-mail is gabrob2019@Gmail.com

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1 Lawyer Answer
Tammy L. Wincott
Tammy L. Wincott
Answered
  • San Antonio, TX
  • Licensed in Texas

A: It depends on whether the property was bought while they were married. If it was during the marriage it is probably community property and the husband's daughter would rightfully own the 1/2 he had prior to marriage.

If the property was gifted or bought prior to the marriage it would be considered the husband's separate property and ownership would pass 100% to his daughter except your mother would have the right to live in the house for her lifetime.

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