Burleson, TX asked in Estate Planning and Real Estate Law for Texas

Q: Can I give my dad a notice to leave my moms home? She has passed away and left no will but I pay the mortgage.

My mom died last year and left no will. He has created an argument over nothing and feels like he is entitled to everything. He lived with her for a few months last year before he decided that he could no longer care for her and verbally told me I was responsible for her. He decides to come back a month before she passed away and now ia holding on to titles for her cars and believes the home is his. He is not listed on her car title as co owner nor is he listed on the mortgage as a co owner. He is creating tension and even asked me to get out. I pay the mortgage he does not the only thing he pays are the utilities bills. I am currently seeking legal help but things have been stressful with him making comments about me and my sister. My mom did in fact want her children to inherit her home. There is no way I can prove this but he is hesitant and will not leave on his own accord. What are my rights?

1 Lawyer Answer
Isaac Shutt
Isaac Shutt
  • Estate Planning Lawyer
  • Richardson, TX
  • Licensed in Texas

A: Definitely consult a probate attorney. I do think you'll need to involve the probate court so that your inheritance rights are protected. Many probate attorneys offer free or inexpensive consultation meetings.

Your father probably just assumes that everything of your mother's just automatically goes to him... that's actually not correct!

Here are a few things to keep in mind:

1) If your father was married to your mother at the time of her death, your father does have some inheritance rights to the home. How much rights he has will depend on whether the house is Separate Property or Community Property of your mother.

2) If your mother was married to your father at death and had any children from outside the marriage to your father, then your mother's children are actually the primary heirs of her estate (not her surviving husband).

3) Long story short--there are lots of variable that can impact who gets what. This is why you should meet with a lawyer.

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