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RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 36927
Experience:  Texas lawyer for 30 years in Estate law
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My wife died last year leaving no will. our home is paid I

Customer Question

My wife died last year leaving no will. our home is paid for and I want to leave it to one of my stepchildren. My wife had 3 children by a previous marriage and there are 2 children from our marriage, 1 dead and 1 living. I was told that 1/2 of the estate goes to the 4 children and 1/2 to me. how can I legally leave my home to 1 of my stepdaughters. We live in Texas.
Submitted: 1 year ago.
Category: Estate Law
Expert:  RayAnswers replied 1 year ago.

Hi and welcome to JA. I am Ray and will be the expert helping you tonight.

Here you are correct you own half and the other four kids half.So you would have to file probate here for your wife and buy the other half here if you want it all and ability to give it to daughter.The daughter here has a one tenth interest.Each child has a tenth interest including the deceased child.His estate owns his share.

Probate here is the best way if you want to buy them out here, so you have clear complete title.The personal representative with court approval can sell it to you.You would only have to buy four tenths.You won five tenths(1/2) and daughter has 1/10th, that would give you the whole.

You are going to have to file for probate for your wife here in the county where you live if you want full clear title to pass to the daughter.It's the only way to resolve this.

I appreciate the chance to help you tonight.

Pie chart for reference.

http://www.frieslandlaw.com/Docs/EP9.pdf

Lawyer referral..

https://www.texasbar.com/AM/Template.cfm?Section=Lawyer_Referral_Service_LRIS_

I am so sorry for your loss of spouse. I wish you the best resolving this matter.

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