Beaumont, TX asked in Arbitration / Mediation Law, Estate Planning and Real Estate Law for Texas

Q: Dead divorced parents no will

Both of my parents died in 2016. They were divorced in 1982 and in their divorce decree it states the home they owned was to be put in mine and my sisters name upon turning 18 at which point we could sell or live in. My father has another child from his second marriage is she entitled to any of the monies if we decide now to sell the property?

1 Lawyer Answer
Teri A. Walter
Teri A. Walter
  • Consumer Law Lawyer
  • Houston, TX
  • Licensed in Texas

A: The answer depends on who owned the property at the time of your parents' deaths. If you and your sister owned the property, then your parents' death doesn't give anyone else rights to the property. If your parents still owned the property, then all of their heirs (either under a will, or under state law if there was no will) would have rights to the property, regardless of what the divorce decree might say.

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