Mother's will

What is the name of your state? Texas

My mother passed away several years ago and left her part of her estate to my sister and myself....she was married to my stepfather so he owns the other half of the community property... he has a life estate in the house... he also was executor of her will, about three months after her death he moved out of the house and has not lived in it for about three years now...he also removed all the community property and would not give us anything that belonged to our mother and now his grandaughter is living in the house....my question is...does he owe us our mother's half of the community property and can we force him to sell the house being that he is not even living in it.

Did she have a will and was it probated?

Was the life estate mentioned in the will?

What is the value of the home and what would you do if he or his granddaughter was not in it--sell it or not?

Yes she did have a will and it was probated....the life estate for my stepfather is in the will...the value of the home is around $140,000.00...and yes I would want it sold because I do not feel my mother would have wanted her estate to provide a home for my stepfathers grandchildren while my sister and myself have to wait to get her share of the estate.I would have no problem if he was living in the house but he is not, and thanks for your reply and help....

As long as he is living he can do with it as he wishes. There is no requirement that he live in the house unless that was made a specific part of the will. Go to the probate court and get the file.

O.K. thanks for the reply ....there are no other provisions in the will but I do have some other questions....he removed all the community property....(his and my mothers things) and we had ask for some of our mother items but he refused our request...her will states we inherit her estate which would be half of the community property...any recourse here or do you think it would be a waste of time to persue? Also when he passes away how am I protected from his family trying to sell the house or claim it for themselves?

motoxx said:

O.K. thanks for the reply ....there are no other provisions in the will but I do have some other questions....he removed all the community property....(his and my mothers things) and we had ask for some of our mother items but he refused our request...her will states we inherit her estate which would be half of the community property...any recourse here or do you think it would be a waste of time to persue? Also when he passes away how am I protected from his family trying to sell the house or claim it for themselves?

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The husband could've gone against the will and taken the statutory share of his spouse's estate; apparently he did not.

Whether you want to get in a fight with the surviving spouse is strictly up to you.




Q: Also when he passes away how am I protected from his family trying to sell the house or claim it for themselves?

A: He, not you, will decide where his stuff goes.

I understand "he" will decide where "his" stuff goes...I am not interested in "his" stuff...I wanted a few of my mother's things which he would not let us have or even state we could have these things after "his" death, which I thought was unfair... but my main question now is how is my share of the house protected so his family cannot sell it or claim it after his death, his family is very hostile toward my sister and myself... is it because my mother's name would still be on the deed? I am trying to avoid a fight with his family before it happens and thanks for your input....

motoxx said:

... is it because my mother's name would still be on the deed? I am trying to avoid a fight with his family before it happens and thanks for your input....

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Your mother's name should not still be on the deed. Have you checked the deed lately?

No...I have not checked the deed lately...this is the reason for my question...when my stepfather dies...how will I get my share out of my mothers half of the estate she left to me in her will..... if her name is no longer on the deed without having to go to court with her will in hand????

Quit asking questions no one can answer and go to the probate court and get the file. Ask the clerk to explain anything you do not understand. However, they cannot give you legal advice. Then someone may be able to help if you still have questions.

O.K. thanks...but I was not aware "no one could answer" my questions I would have thought someone in here may have been in a simular situation or might know enough about the law to head me in the right direction...... which I guess you did....

No one can answer your question because you do not know what happened with the probate case and you do not know how the current deed reads. The provisions of a will mean nothing until they are implemented during probate. The personal representative of the estate should have recorded a new deed that would "ratify" what the will said.

...when my stepfather dies...how will I get my share out of my mothers half of the estate she left to me in her will.....

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If stepfather did not do his duty as personal rep of the estate..... Very, very painfully and expensively.

O.K. This is what I have been after.... I need to go to probate court and make sure when he probated the will and removed my mother's name that my sister and my name was added to the will...this is how I can ensure that I will not get left out after his death... if he did not do it ...I will have to hire a lawyer and take him to court and with will in hand prove to a judge we should be on the deed....I want to thank you and everyone else for their input into my questions here.....

And, while you are visiting the court, go to whatever county office in Texas deals with deeds, and get a copy of the latest deed recorded. It's likely in the same location as the probate court.

thanks again****************************.