Spouse rights and responsibilities of inherited property

[indebtt]

What is the name of your state (only U.S. law)? Texas

Situation : Grandfather passed years ago and step-grandmother inherited the estate, at least we assumed she did.
My brother and I had no reason to contest this and frankly didnt want to at the time.
Fast forward to the present and the step-grandmother got too old and ran out of money for upkeep so she gift deeded the estate to my brother and I and she moved away.
We learned from her lawyer that the estate should have been probated at the time of my grandfathers' passing but it was never done.
My brother was single at the time of my grandfathers' passing but is now married at the time of the gift deed.

Question : Does my brothers' wife now share responsibilities of the estate ... taxes and all.

 

[ecmst12]

Inherited property is separate property.

 

[indebtt]

Inherited property is separate property.

Sorry, I do not know what you mean by that.

 

[justalayman]

Sorry, I do not know what you mean by that.

it means ecmst12 didn't read your post.



the property was not inherited by you or your brother. It was gifted to you. Not the same thing.

the timing of your grandfather's death has nothing to do with the issue since you did not receive the property from him. In fact, it is questionable if you have any valid claim to the property at all at this time due to his estate not being subjected to probate. Without knowing if title could or would transfer to your step grandmother puts her transfer of the property to you and brother in question.

 

[indebtt]

it means ecmst12 didn't read your post.



the property was not inherited by you or your brother. It was gifted to you. Not the same thing.

the timing of your grandfather's death has nothing to do with the issue since you did not receive the property from him. In fact, it is questionable if you have any valid claim to the property at all at this time due to his estate not being subjected to probate. Without knowing if title could or would transfer to your step grandmother puts her transfer of the property to you and brother in question.

Her lawyer threw words like intestate at us and seemed to infer that my step-grandmother, brother and I were supposed to have been legally have equal shares of the estate and could have been or even still be, on the hook for taxes since the estate was taxed with her exemptions that my brother and I would not have had. (Being over 65, homestead, etc)

 

[Zigner]

Sorry, I do not know what you mean by that.

It means that if a person leaves something to Bob, it becomes Bob's property, not Bob and his wife's.

 

[Zigner]

...the property was not inherited by you or your brother. It was gifted to you. Not the same thing.

For the purposes of determining separate property, it's effectively the same. If I *GIVE* something to Bob, I'm not giving it to Bob and his wife.

 

[indebtt]

For the purposes of determining separate property, it's effectively the same. If I *GIVE* something to Bob, I'm not giving it to Bob and his wife.

Good to know. I was under an incorrect assumption then, that being married makes it both their share of the property.

 

[justalayman]

Her lawyer threw words like intestate at us and seemed to infer that my step-grandmother, brother and I were supposed to have been legally have equal shares of the estate and could have been or even still be, on the hook for taxes since the estate was taxed with her exemptions that my brother and I wouldnt have had. (Being over 65, homestead, etc)

it's not that simple. First, Texas is a community property state so how and when the house was originally purchased makes a difference. Then, depending on how title to the property, between your grandfather and step grandmother was held will make a difference.


then, depending on whether your grandfather had debts that had to be paid will make a difference.


depending on answers to those questions, there is a possibility his wife actually gained no ownership interest in the property at all and grandfathers descendants would have inherited total ownership of the property.


so, the lawyer can toss out anything he wants but until the facts of the matter are reviewed, none of it means anything.

 

[justalayman]

Her lawyer threw words like intestate at us and seemed to infer that my step-grandmother, brother and I were supposed to have been legally have equal shares of the estate and could have been or even still be, on the hook for taxes since the estate was taxed with her exemptions that my brother and I would not have had. (Being over 65, homestead, etc)

whose lawyer and why is there a lawyer involved? What's going on that this is all being talked about now?

 

[indebtt]

it's not that simple. First, Texas is a community property state so how and when the house was originally purchased makes a difference. Then, depending on how title to the property, between your grandfather and step grandmother was held will make a difference.

It could be possible that my step-grandmother didnt have the right to gift it to us ? That begs the question of why her lawyer drew up papers for us then. Also, I know my grandfather bought the land through a VA loan and built the house himself around 1955

then, depending on whether your grandfather had debts that had to be paid will make a difference.

At the time, he had very few debts and those were paid over time by my step-grandmother

depending on answers to those questions, there is a possibility his wife actually gained no ownership interest in the property at all and grandfathers descendants would have inherited total ownership of the property.

"His wife" - Does that mean my brothers wife in this quote or my step-grandmother ?

so, the lawyer can toss out anything he wants but until the facts of the matter are reviewed, none of it means anything.

Yeah, her lawyer was being short with my brother and I since we werent the ones paying him and seemed to just want to get us out of the office. I assume because he wasnt making any money talking to us.

 

[indebtt]

whose lawyer and why is there a lawyer involved? What's going on that this is all being talked about now?

My step-grandmother had a lawyer to draw up the gift deed and file the paperwork.

I brought it up in this forum to find out if my brothers wife had any rights / responsibilities to the property.

 

[Zigner]

Yeah, her lawyer was being short with my brother and I since we werent the ones paying him and seemed to just want to get us out of the office. I assume because he wasnt making any money talking to us.

No, it's because he likely cannot speak to you about it. You're not his client.

 

[justalayman]

My step-grandmother had a lawyer to draw up the gift deed and file the paperwork.

I brought it up to find out if my brothers wife had any rights / responsibilities to the property.

why is her lawyer writing up a deed transferring 100% of the interest in the property to you and your brother (and is this the same brother you have no contact with) if she does not own 100% of the property?

was it a warranty deed, a quit claim deed, or some other type of deed?


and the odd thing is: I cannot find any support in Texas law that would have allowed for you, your brother, and the decedents wife (being a step) would share the property equally under intestate succession. As I said previously, there is a situation where his wife would have inherited nothing more than a 1/3 life estate interest with the decedents heirs inheriting the property itself.

 

[indebtt]

why is her lawyer writing up a deed transferring 100% of the interest in the property to you and your brother (and is this the same brother you have no contact with) if she does not own 100% of the property?

was it a warranty deed, a quit claim deed, or some other type of deed?


and the odd thing is: I cannot find any support in Texas law that would have allowed for you, your brother, and the decedents wife (being a step) would share the property equally under intestate succession. As I said previously, there is a situation where his wife would have inherited nothing more than a 1/3 life estate interest with the decedents heirs inheriting the property itself.

I assumed he wrote up the deed under direction of my step-grandmother.
Yes, same brother with no contact, but if he shows up unexpectedly, I'd like to know ahead of time who's responsible / has rights for the estate.
The paperwork I have says GIFT DEED at the top

So is it possible the 1/3 share of my step-grandmother is what she gifted to us ? The paper mentions all rights and responsibilities but does not mention a specific size of a share.