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hrtbeatawa
Guest
My husband's father died in February of 2000. The state is Texas. The estate consists of a homestead and a rental property (other than cars and belongings). My husband is 35 and his only other sibling is 32. After my father-in-law's death, my husband's sister was making comments that she was going to take the rental property away from her mother. All property was in my father-in-law's name only. So my husband's mother asked us what to do. We told her that she needed to change the name on the deeds to her name. I know that in TX that the homestead belongs entirely to the spouse. I am told that the rental property is supposed to be split between the spouse and the children equally. Also my father-in-law had an ongoing lawsuit for asbestos poisioning. I was told that because my father-in-law died before the suit was settled, it would have to be split: 50% to the spouse and 25% to each of their children.
About 1 month after my father-in-law's death, my mother-in-law started dating. Shortly thereafter, this man moved in with her. I am told that in TX that a common law marriage is established by simply sharing the same address and receiving mail at that address. My concern for my husband and his sister is that my mother-in-law recently had her lawyer send her two children a letter that said by signing this my husband would reliquish his rights to be administrator of the estate. Also, they want him to relinquish his rights to the pending asbestos suit.
First, if the estate belongs to the spouse, why would my husband have to give permission for his mother to be the administrator? If he signed this paper and his mother died tomorrow, what would his rights toward the estate be with that man living in the house? Why should he sign away his rights in the lawsuit? HELP!
About 1 month after my father-in-law's death, my mother-in-law started dating. Shortly thereafter, this man moved in with her. I am told that in TX that a common law marriage is established by simply sharing the same address and receiving mail at that address. My concern for my husband and his sister is that my mother-in-law recently had her lawyer send her two children a letter that said by signing this my husband would reliquish his rights to be administrator of the estate. Also, they want him to relinquish his rights to the pending asbestos suit.
First, if the estate belongs to the spouse, why would my husband have to give permission for his mother to be the administrator? If he signed this paper and his mother died tomorrow, what would his rights toward the estate be with that man living in the house? Why should he sign away his rights in the lawsuit? HELP!