no will what next

texas.mother died no will only property is real estate (home) she owned with her husband. He has decided to sell the home and had a title company send a warranty deed asking my brother and i to sign the deed so he can sell the house. when i called the title company they said they sent it on his behalf. the consideration on the warranty deed is 10.00. the title company says we have to sign this warranty deed in order for him to list the home. apparently we have an interest or the title company would not have sent us the deed to sign. since there is equity in the home would my brother and i receive a portion of the proceeds from the sale? my mother has outstanding medical bills. would the medical bills be paid first and then if there was any proceeds left we would then recieve our portion? Do we become responsbile for her medical bills? if we don't sign this warranty deed what could happen?

First, unless you signed for or guaranteed your mother's bills, or took her assets that would have been used to pay them, you will not be responsible for the bills.

In Texas, as in every other state, if a person dies without a Will the laws of that state determine who gets the property held in the deceased's name. It is called "intestate distribution".

Property usually is split between the spouse and the children, sometimes after a set dollar amount share going to the spouse. The split varies from state to state, and I am not from Texas and can not advise you.

One of the first questions a lawyer would ask will be was the house held in her name alone or "theirs", and if the latter in joint tenancy with right of survivorship (in which case he owns the home by operation of law) or as tenants in common, or as community property? VERY different results often flow.

If you sign the deed you'll be giving up all rights to any share in the house, but again, you may or may not have any now. The $10 is just the standard filled in as "legal consideration."

Now as I don't know how the title is held, or Texas law, I don't know if you really have any rights in which case his reason for asking you to sign it is to simplify distribution of the estate, or if he want's you to give up something that is yours as a matter of law.

asking said:

texas.mother died no will only property is real estate (home) she owned with her husband. He has decided to sell the home and had a title company send a warranty deed asking my brother and i to sign the deed so he can sell the house. when i called the title company they said they sent it on his behalf. the consideration on the warranty deed is 10.00. the title company says we have to sign this warranty deed in order for him to list the home. apparently we have an interest or the title company would not have sent us the deed to sign. since there is equity in the home would my brother and i receive a portion of the proceeds from the sale? my mother has outstanding medical bills. would the medical bills be paid first and then if there was any proceeds left we would then recieve our portion? Do we become responsbile for her medical bills? if we don't sign this warranty deed what could happen?

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the home was in their name and texas is a community property could you tell me how that effects the scenario