estate question

My father deceased in Texas and had a home in his name and my mother's name (they were still married and no will). There is a remaining balance of 4.000.00 on the home. His oldest son from his first marriage wants to fight for my mother's home. Is it 50% my mother's and the remaining 50% is split equally amongst the remaining children? Will she have to get an attorney to fight for her share of the home?

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by linmolina:
My father deceased in Texas and had a home in his name and my mother's name (they were still married and no will). There is a remaining balance of 4.000.00 on the home. His oldest son from his first marriage wants to fight for my mother's home. Is it 50% my mother's and the remaining 50% is split equally amongst the remaining children? Will she have to get an attorney to fight for her share of the home?<HR></BLOCKQUOTE>

It would depend on how title to the property was held. If title was held via Tenants by the Entirety, then your Mom gets the house 100%. If title was held via Tenants in Common, then your Mom owns 50% and the other 50% would be split up among the heirs in accordance with Texas estate laws.