My mother-in-law has double wide mobile home, husband is deceased no will, title in both names, he had son and adopted daughter, the home is personal propety, can she sell the home and give them their half or are they intitled to half or is just the son entitled to half. Does she need their permission to sell. Mobile home only. This is in Texas.
Asked children to approve sale, they think they are entitled to half proceeds and that they should not have to pay any expenses. Said they would not sign unless they get what they want. Since it is personal property and has a seperate title and husband is deceased I am not sure they have to give approval. All they see is $ signs. The mobile home is 22 years old and in need of much repair.
If the mobile home was in both names with right of survivorship, it would pass to the mother in law at death and can sell If not so held, then half with pass to wife and half to any children and none should be sold until estate fully probated.
How do you probate estate without a will ?
I have opted out of the question and referred it to a colleague as your follow up raises issues which I am less familiar with.
The husband did not have a will.
My mother-in-law wants to sell the mobile home because she lives with my wife and I and she is paying for the insurance , taxes, etc. and the two children involved thinks she is supposed to pay all expenses and they reap the rewards with no expense what so ever.
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Mother in law applies to the probate court to be appointed administrator...the equivalent of executor when there is no will. Laws of TX say she gets 1/3 of personal property...his children share the rest 1/2 -1/2. Adopted child = natural child. Before distribution all expenses must be paid. Then mother in law can sell the home and distribute............children have no way to stop it as long as mother in law sells at a fair price. Or they can come to an agreement to buy out one another's share.
30+ years in private practice handling estate matters; Law professor; Mediator.
If there is no money for expenses, sell the home, pay expenses then distribute as above
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