Widow requests information on minor child's guardianship status

[high hopes]

my fiancee and i live in his home in texas. he is a widow with 3 children: two of which are adult, the youngest is 14. their mother passed away last february and i met their dad in late may, he courted me and invited me to move in with him around the middle of june, i accepted. i really felt uneasy about the situation because the mother's belongings hadn't even been removed from the house at that time but my fiancee professed his love for me and i love him equally so we agreed. we expressed notice to the children about removing items of their mothers but they claimed they didn't want anything. i didn't want it either. i just didn't feel right about it so my fiancee boxed everything up and sent
them to his departed wife's church. the youngest has always been inseparable with her next eldest brother- who is 21 yrs' old and was rarely home, she has always had her way in the family- she rejects me because i am reserved and do not spend money frivolously, she also rejects me simply because as she claims, i'm residing in her mother's house. she & her dad & brother discussed it and decided she could stay with him- they went to a notary and had a guardianship signed then the daughter, son and his wife all moved into an apt. in austin; last week they returned with all of their things claiming the son's job didn't turn out and they expect to stay here- the daughter and son both disregard me and emphatically told me i'm in their mother's house and now they are trying to place claim on various items in the house as well as the house itself. my fiancee tells me that his wife didn't have a will and everything has become his now. he did say that his wife's name is on the deed to the house though and we have decided we don't want to be here because of how it upsets the kids, he suggested we put it up for sale and buy one toghether for he & i. they went to spend a few days with a friend while my fiancee and i discussed the matter. we decided they could stay long enough to find another home; but the daughter is distraught and claims she can't stay here around me for any period of time. she now questions the legal status of the guardianship and so do we; my fiancee has asked me to find information on this to secure her guardianship with another relative or friend whom she is secure with. really we have 2 questions: what rights do the children have to the house, ect. and how can we place his daughter in another home to secure her well being and happiness?

 

[ktarra617]

as far as the house is concerned I believe in Texas that when there is no will the estate goes to the surviving spouse and they retain control of it. But it would suit you best to check into the real estate and probate laws that deal with estates without wills.

As for his daughter as long as your fiance did not sign over parental right I believe he can nullify the guardianship anytime he wants to and establish another with whoever he sees fit.

However it might be best to seek legal counsel on both these issues as real estate and probate with the possibility of contested claims on the estate is not a fun issue. I would find a good attorney fast to help you sort out matters as to what his children are entitled to and what he retains. Texas is a community property state so it doesn't really matter that her name was on the deed he still had half interest in it so long as it was purchased after the date of marriage.

Good luck.