Q: My parent died intestate. I’ve been told Texas law allows stepparent to lifetime rights to live in house.
House was in parent’s name only. I was told by atty that offspring heirs get the house after stepparent dies or decides to move out. I looked on property records online & after my parent died, “estate of (parent’s name)” was listed as sole owner, now 2 years later after probate has been started in the courts, it says “(surviving stepparent name) is listed as sole owner, Shouldn’t it still read “estate of my (parent’s name)” until we kids get full ownership after stepparent dies or moves out?
Thank you for your help.
A: Please check the probate records in the county in which your parent died. The property may have been willed to your step parent. If not, ask a probate attorney in that county to make sure that your inheritance right as your parent's child has been preserved.
Tammy L. Wincott agrees with this answer
A:
If you're looking the the tax rolls (the CAD record), then that may be your problem. The tax rolls often merely show who gets the tax bill, not necessarily the true owner. You would need to look at the actual deed record to see if someone filed a deed or something that purportedly changed the actual ownership to the property.
In Texas, title to houses is not like a title to a car. There's not a tingle document showing who owns the house. We just a chain of title, which goes from owner to owner all the way back to the dawn of time. THAT'S what you'd want to look at to see if the stepparent had filed something bad.
The good news is that it's actually pretty easy to search the actual deed records, now that those records are available online.
1 user found this answer helpful
A: I suggest you check probate records and speak directly with a probate attorney that can help determine the situation and correct anything that may be wrong.
A: Under the Texas Constitution, a surviving spouse has a constitutional homestead right to the homestead property, even if it was separate property.
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.
