Sticking to Will in TX

[Callielady]

My father had a simple will. It stated that I am to get all separate and personal property, plus 1/2 of the community property. My step-mother is to get the house. He had an entire house full of furniture that was my Mothers & his together. In the inventory that my step-mother gave she put down that he had no personal and/or separate property. I have proof with photo's that the household items were his.

I thought when there is a will then there should be no question as to who get's what. Why should there be a bargarning with the property?

Also if he left the house to her, then is it still considered as community property? Am I still supposed to get 1/2 the value of the house ? I wouldn't think so, but am confused as to why it was listed as community property in the inventory.

Thanks for any help on this!!

 

[advisor10]

2-6-2002

DEAR HOLLY:

If you will send me an e-mail message, I can give you a confidential tip on your situation.

You really do need to consult a local probate lawyer to get an exact definition of community property, real property and separate property/personal property and just what specific items would be included in those categories.

It seems very suspicious that your step-mother would have been advised to state that he had "no personal and/or separate property", since he most surely had personal items such as jewelry, etc. and the household furniture would almost certainly be considered personal property. Is this estate still open or has it closed? Have you received anything else from the estate?

What is the value of the house?
What is the value of the furniture (estimated)?
Was the will prepared by an attorney?

You ARE eligible for half of the community property. However, if she wants to continue living in the house, depending on the instructions of the will, she might have to pay you/buy you out for your share of the home if she still wants to live there, but only an attorney can advise you of what you are eligible to receive after you present him with a copy of the will.

SINCERELY,

advisor