Can an estate be changed?

[jennlewelling]

What is the name of your state? Texas

My husband inherited his parents house. According to his sister it is set up as an Estate and she is in charge of all decisions and financially responsible for my husband and the house. Since his parents died he has worked and paid for all the upkeep, taxes, and such for the house. My husband was ill as a child but was an adult when his mother died, he is does not have diminished mental capacity or any such thing. We are in debt because of 2 surgeries he had to have last year and missed a lot of work because of. We would like to know if we can have it changed so the house is in his name so we can get a mortgage because it would save us money to consolidate our debt. We also would like the security in knowing his sister can't try to take the house away, which she has threatened before when she did not get her way about things.

Thanks for any info any one can provide.

 

[lwpat]

You need ot go to the probate court and get a copy of what is on file. It is quite possible your husband does not own the house. If it was left to him it should have been transferred long before now. Sis is doing a number on him.

 

[anteater]

What is the name of your state? Texas

My husband inherited his parents house. According to his sister it is set up as an Estate and she is in charge of all decisions and financially responsible for my husband and the house. Since his parents died he has worked and paid for all the upkeep, taxes, and such for the house**************.
Thanks for any info any one can provide.

The problem is that your description is kind of vague and not really in legal terms. And it is difficult to give more than generic advice to retain an attorney to sort it out.

Who or what legal entity is the owner of the house - in other words, what does the deed say? Is there a trust established? If there is, do you have a copy of the trust document? Was probate opened when the last of his parents passed away? Did they have a will?

That sort of information would help.

 

[jennlewelling]

See I don't know how the will was set up. I am just going by his sisters word which changes back and forth. I know they went through probate court and the lawyer was suprised when he saw my husband because he was expecting to see someone with disabilities. She has all the copys of the paper work. At one time she was going to let him have the deed changed into his name. I do know that the insurance we pay on the house is set up as the estate of.....

 

[seniorjudge]

Go to the courthouse where the estate was probated.


Get a complete copy of the file.