Texas heirship question

[gbono2]

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


My parents were married 01/28/1933 in Fayette County, TX. Mother brought a son into the marriage. He was born 10/13/1930 in Fayette County, TX. His birth certificate reflects a name change 10/09/1950 in Fayette County, TX when he was 20 years old. There is no evidence of his adoption in Fayette County records. He is referred to hereafter as half brother. My half brother died 09/22/2005. He was survived by 4 children.

I am the offspring of their marriage. I was born 07/24/1944 in Bastrop County, TX. My dad died intestate 01/02/1981 leaving 1 piece of real property in Bastrop County, TX. Mother occupied this property until her death 10/30/2016. She left a living estate designating the 4 children of the half brother as recipients of the above mentioned real property in Texas.

These 4 children changed the title of mom's real property to their names. They sold the property receiving all proceeds.

The buyer used an attorney in Texas. It just so happens this attorney owns the title company involved in the first sale and the second sale by the buyer. His attorney did not do a discovery of heirship evidently because I was never contacted about the sale. The 4 children received a cashiers check from the buyer for $50,000. Yes, these 4 do know of my existence and have my contact information. I received no proceeds from the sale.

The buyer received a defective unclean property deed. The buyer did not purchase warranty deed insurance. Now, the buyer wants to sell the property, but a title company has discovered the deed issues. The title company contacted me wanting me to grant him a clean deed, but no money was offered.

How do I establish my heirship rights, receive proceeds of sale, and give the buyer a clean deed? Should I file a complaint with the Texas Bar on the lawyer involved with the sale? By the way, I live in Georgia.

I hope this makes sense. Please ask any questions. Basically, I was deprived of 50% of my inheritance by these scoundrels.

 

[FlyingRon]

I suspect you're going to have to take everything you know to an attorney as you appear to not understand the basics here. There's no such thing as a "living estate."
Name changes do not matter. If your father never adopted your "half brother" then his relationship appears largely immaterial to the rest.

Now I'm going to guess that your mother and father owned the property with survivorship rights that gave her the entire property on his death. The rest of his estate should have gone 1/3 to her and 2/3 to you.

She was free to will or place into a trust the property and leave it to who he wants.

What you should do is consult an attorney to find out if the property was indeed transfered to her on his death.

THe other option was that your parents owned it as tenants in common and then you'd be entitled to 2/3.

 

[justalayman]

Yes, please explain what you are referring to with the mention of the living estate. Depending on what that is actually referring to you may have gotten shafted here or you may not be entitled to anything.

Was your father’s estate ever presented for probate? How was title to the property held at the time of his death?

 

[HRZ]

THere might be other possibilities under TX law..and if you post how the deeds were titled and what passed by will and what passed by intestacy ..you might get better suggestions as to your likely share on paper.

but basic view is one can only buy or sell or will the share they own...and if you own 1/3... you need to press all the buttons to get 1/3 of full current value ..or whatever your share is

 

[FlyingRon]

THere might be other possibilities under TX law..and if you post how the deeds were titled and what passed by will and what passed by intestacy ..you might get better suggestions as to your likely share on paper.

but basic view is one can only buy or sell or will the share they own...and if you own 1/3... you need to press all the buttons to get 1/3 of full current value ..or whatever your share is

And specifically mom could only transfer what she owned. If she owned the whole property, the poster is likely out of luck if she didn't leave it to him. If the property was not owned with survivorship rights, then she only had the 1/3 to leave to anyone.

The presumption in Texas is property aquired while married is community property betwen the two spouses. There's not enough details here to tell anything. He needs to run everything he has past an attorney. He may be entitled to 2/3, he may be entitled to nothing (as I laid out in my initial reply).

 

[LdiJ]

And specifically mom could only transfer what she owned. If she owned the whole property, the poster is likely out of luck if she didn't leave it to him. If the property was not owned with survivorship rights, then she only had the 1/3 to leave to anyone.

The presumption in Texas is property aquired while married is community property betwen the two spouses. There's not enough details here to tell anything. He needs to run everything he has past an attorney. He may be entitled to 2/3, he may be entitled to nothing (as I laid out in my initial reply).

The odds really are that the house was community property and was jointly owned by the spouses, which would have made it entirely mom's property and she had the right to leave it to whomever she pleased.

 

[FlyingRon]

The odds really are that the house was community property and was jointly owned by the spouses, which would have made it entirely mom's property and she had the right to leave it to whomever she pleased.

That's pretty much what I said in the second paragraph (and my original post).

However, the facts aren't here. We don't know if he bought that property PRIOR to marrying the poster's mother. He should consult an attorney unless he wishes to just waive claim to the property.

 

[HRZ]

GOod basic facts as to dates, deeds, titles etc ..plus good copies ...for review by whomever sure would help...OP ...an attorney may charge $250 hr to run a scavenger hunt...you can reduce that by some good homework ...and some here might have decent suggestions as to your likely share or review of where shares went ..

IF it was totally clear you were out of equation nobody would bother to seek your release....but that does not rule out a zero final share ...

 

[justalayman]

IF it was totally clear you were out of equation nobody would bother to seek your release....but that does not rule out a zero final share ...

. In a situation Where there is any questions a person in the op’s position is sometimes asked to sign a quit claim deed to ensure a clear title. It may be nothing more than the title company dotting all the t’s and crossing all the i’s.

 

[HRZ]

Entirely possible that that's is all there is ...but the time for OP to do some solid homework is Before he signs a darn thing.

 

[latigo]

Entirely possible that that's is all there is ...but the time for OP to do some solid homework is Before he signs a darn thing.

Pardon me for saying so, but you certainly have a flair for assembling words without saying anything.

Reading some of your ponderous assortments reminds me of what the inimitable Louis "Satchmo" Armstrong said about his home town. ''When you leave New York City you ain't going anywhere!"