Q: What are my rights to deceased husband's property when adult children from previous marriage have moved in house
All assets were accumulated during our marriage. I left the home because there was marijuana being grown and sold from the house and deceased husband and I have 15 yr old daughter together
A:
You, not the children, have a right to live in the house for life. They may argue that you have abandoned this right by leaving. Given the circumstances and depending on your evidence, the judge may not agree.
In any event, you keep your 50% community property interest in the house and your husband's 50% community property interest is split among all his children. If the judge determines that you have not abandoned your right, this split does not take effect until you do.
Please talk to a probate attorney who practices in your county about filing an Application for Determination of Heiship an Issuance of Letters of Administration. Once the court appoints you administrator, file an eviction action in justice of the peace court and hire the sheriff to enforce it. Either move back into your home or sell it, dividing the proceeds after paying any other debts of the estate including the cost of these legal proceedings.
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