Rights of Home and Personal Property

[CLJM]

What is the name of your state? Texas
My husbands parents bought a home in the early 60's.
Parents had two sons.
Parents divorced and home was to be sold and Father was to be given his personal belongings.
Home was not sold nor personal belongings given to the Father.(most especially 2 heirloom plates from his family)
Mother continued living in the home and remarried.
Father died in the 70's intestate.
Mother's husband of remarriage died in 1995.
The two sons were never allowed in the home, nor given their Fathers' personal belongings nor their own personal belongings.
My husband's Brother died in 2002, now only leaving my husband as the 1 son left. ( the brother has 4 children)
Mother now is selling the home and apparently needs my husband to sign a "waiver" for the sale closing to take place and so all monies can be remitted to her.
What are my husband's rights as to the home...the waiver....the personal belongings of his Father (most especially the 2 heirloom plates from his family) ...and his own personal belongings ?
Thank you kindly for yor responses. Sincerely, CLJM

 

[BelizeBreeze]

What is the name of your state? Texas
My husbands parents bought a home in the early 60's.
Parents had two sons.
Parents divorced and home was to be sold and Father was to be given his personal belongings.
Home was not sold nor personal belongings given to the Father.(most especially 2 heirloom plates from his family)
Mother continued living in the home and remarried.
Father died in the 70's intestate.
Mother's husband of remarriage died in 1995.
The two sons were never allowed in the home, nor given their Fathers' personal belongings nor their own personal belongings.
My husband's Brother died in 2002, now only leaving my husband as the 1 son left. ( the brother has 4 children)
Mother now is selling the home and apparently needs my husband to sign a "waiver" for the sale closing to take place and so all monies can be remitted to her.
What are my husband's rights as to the home...the waiver....the personal belongings of his Father (most especially the 2 heirloom plates from his family) ...and his own personal belongings ?
Thank you kindly for yor responses. Sincerely, CLJM

Tell hubby to go to the county courthouse (recorder's office) and get a copy of the deed and look at how EXACTLY mom and pop's names are on the deed.

It sounds like no one probated the estate of pops and that is the reason hubby MUST NOT sign the waiver until he speaks with a local attorney.

 

[CLJM]

BelizeBreez....thank you so kindly for responding, I was hoping that you would as I have read your responses in some of the "posts", and I was wanting your opinion. Would you be so kind as to read my yesterdays "post" in the "Wills, Trusts and Estate Planning " section and also read the comments that were given by another forum reader....why the reponse comment spoke of a "statue of limitations" and a "bogus lawsuit possibility" ?
Seems to me that if a waiver is being requested, that the waiver is in consideration of a percentage owned. Is there a statue of limitations on real property for an heir, if there was no knowledge of it ? I am wanting to know what the "waiver" request means--This request was relyed to my husband over the phone by his brother's (now deseased) wife, who is going to have the Mother come live with her. She said the Attorney did not want to speak to my husband, just have the waiver signed. The Attorney did not return my husbands call to him.
And, may I ask, if a probate was not done on the Father,as the possibility you stated, how does this affect my husband as to the home and personal belongings ? Thank you so much....I appreciate your opinions.
CLJM