Does this boy have a case?

[MarkMSPT]

Boy's dad was killed in an accident, leaving only the boy's grandma as the beneficiary. Grandma bought a home for the boy and his mom (mom was divorced from the deceased).

Grandma died unexpectedly. An aunt and uncle forced the boy and his mom out of the house, and took possession of the home.

Does the boy have a claim to the house? This is in Texas.

 

[Just Blue]

Boy's dad was killed in an accident, leaving only the boy's grandma as the beneficiary. Grandma bought a home for the boy and his mom (mom was divorced from the deceased).

Grandma died unexpectedly. An aunt and uncle forced the boy and his mom out of the house, and took possession of the home.

Does the boy have a claim to the house? This is in Texas.

Grandmother was beneficiary to what?
How was the home the Grandmother deeded/titled?
Did Grandmother leave a will? If so what did the will state?

Who are you in this situation?

 

[MarkMSPT]

Grandmother was beneficiary to what?
How was the home the Grandmother deeded/titled?
Did Grandmother leave a will? If so what did the will state?

Who are you in this situation?

I am a family friend.
When my friend was alive, he only listed his mother (boy's grandma) as life insurance beneficiary, also as beneficiary of his work benefits. He thought the boy was underaged thus did not list him. Also, being divorced, naming his mother (boy's grandma) would prevent the ex-wife (boy's mom) from filing any claim for herself.
No, grandma did not leave a will. The house (bought with money from the deceased's life insurance and work benefits) was in grandma's name.

 

[not2cleverRed]

I am a family friend.
When my friend was alive, he only listed his mother (boy's grandma) as life insurance beneficiary, also as beneficiary of his work benefits. He thought the boy was underaged thus did not list him. Also, being divorced, naming his mother (boy's grandma) would prevent the ex-wife (boy's mom) from filing any claim for herself.
No, grandma did not leave a will. The house (bought with money from the deceased's life insurance and work benefits) was in grandma's name.

Boy has no case.

Same as last time this question was asked.

 

[LdiJ]

Boy has no case.

Same as last time this question was asked.

As sad as it is, it is absolutely true that the boy has no case. I think that the aunt and uncle are a bit despicable in this case but it is true nonetheless.

 

[Taxing Matters]

I disagree with the previoius responses. As I understand the facts, the family line here is grandmother, boy's father (who predeceased grandma), aunt and uncle (thus the father, aunt and uncle are all siblings) and finally the boy -- the grandchild. Under Texas intestate succession law, grandma's estate would be divided equally among all her children if they were all alive when she died. But as the boy's father was dead when grandma died, his share goes to his son. In other words, if I have the facts right the son gets one third of the estate, and has just as much claim to the house as his aunt and uncle do.

 

[commentator]

If Grandma had no will, died intestate, I can not really understand how the aunt and uncle "forced the boy and his mom out of the house and took posession." If this happened, though, and some time ago, it is possible that the story is not exactly this way.

 

[MarkMSPT]

I disagree with the previoius responses. As I understand the facts, the family line here is grandmother, boy's father (who predeceased grandma), aunt and uncle (thus the father, aunt and uncle are all siblings) and finally the boy -- the grandchild. Under Texas intestate succession law, grandma's estate would be divided equally among all her children if they were all alive when she died. But as the boy's father was dead when grandma died, his share goes to his son. In other words, if I have the facts right the son gets one third of the estate, and has just as much claim to the house as his aunt and uncle do.

 

[MarkMSPT]

The boy, now a 20-year old, consulted with a lawyer here in TX, and was told that even though he was not listed as a beneficiary, there also was nothing written that excluded him (from inheriting), thus possibly has a case.

 

[Just Blue]

The boy, now a 20-year old, consulted with a lawyer here in TX, and was told that even though he was not listed as a beneficiary, there also was nothing written that excluded him (from inheriting), thus possibly has a case.

Then why are you posting here? This adult man has already taken measures to deal with his legal issue.

 

[MarkMSPT]

If Grandma had no will, died intestate, I can not really understand how the aunt and uncle "forced the boy and his mom out of the house and took posession." If this happened, though, and some time ago, it is possible that the story is not exactly this way.

How they were forced out by the uncle and aunt (who insisted the house is now theirs after grandma's death) : they announced that boy and mom must start paying rent. Boy and mom were unable to afford the rent, so they moved to where they could afford.

Note that the boy was just a teen when this happened, uneducated, and mom was unknowledgeable and overwhelmed.

 

[MarkMSPT]

Then why are you posting here? This adult man has already taken measures to deal with his legal issue.

Just trying to help, find information that might help him and his mom. Lawyer he met with has not been returning his calls.

 

[Zigner]

How they were forced out by the uncle and aunt (who insisted the house is now theirs after grandma's death) : they announced that boy and mom must start paying rent. Boy and mom were unable to afford the rent, so they moved to where they could afford.

Note that the boy was just a teen when this happened, uneducated, and mom was unknowledgeable and overwhelmed.

Whoa, hold on. It is entirely proper to expect mom and boy to pay rent, even if boy was or is entitled to something from the estate. Let's assume that it turns out that boy was/is entitled to 1/3 of the house (the best he can hope for, and I'm not saying he was or is). He should have been paying 2/3 of market rate of rent to the estate. In fact, he should have been paying full market-rate, which would have been reimbursed when the estate was finalized. Enforcing that is in no way forcing him/them out of the house. To characterize it as such is bordering on defamatory.

 

[Zigner]

Just trying to help, find information that might help him and his mom. Lawyer he met with has not been returning his calls.

Then tell him (not mom, she has no dog in this fight) to speak to a different attorney.

 

[MarkMSPT]

Whoa, hold on. It is entirely proper to expect mom and boy to pay rent, even if boy was or is entitled to something from the estate. Let's assume that it turns out that boy was/is entitled to 1/3 of the house (the best he can hope for, and I'm not saying he was or is). He should have been paying 2/3 of market rate of rent to the estate. In fact, he should have been paying full market-rate, which would have been reimbursed when the estate was finalized. Enforcing that is in no way forcing him/them out of the house. To characterize it as such is bordering on defamatory.

Grandma bought the house for the boy. According to the mom, the intent was to put the title in his name once he reached adulthood. The only request from grandma was for mom to pay the property tax and home insurance.