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Tina
Tina, Lawyer
Category: Legal
Satisfied Customers: 8775
Experience:  JD, BBA Over 25 years legal and business experience.
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I have guardianship of my sister. She was seriously injured

Customer Question

I have guardianship of my sister. She was seriously injured in an auto accident on 11-2-11.Her husband died in that accident. Earlier this year it was discovered she was not legally married to this man. She is still married to husband #3. The courts determined she is not an heir to his estate which I fully understand. However I received a bill from a tax assessor and on it, it says she has a Life Estate on the property which consists of a house and 17.37 acres of land. I have been urged to sue his estate because it was a 1 vehicle accident and it was his fault. My question is since she is not able to live in the house because she is not mentally stable can her life estate be sold to the other 3heirs, who are his daughters?
Submitted: 3 years ago.
Category: Legal
Expert:  Dwayne B. replied 3 years ago.

Dwayne B. :

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.

Dwayne B. :

Yes, the heirs can buy out her life estate.

Dwayne B. :

However, I'm not sure how she would have a life estate if she has been found 1) not to be married to the man and 2) she is not an heir.

Dwayne B. :

He could have left her a life estate in the will, that is certainly possible and if so the heirs could buy her out of that share.

Dwayne B. :

She, through you, her guardian, could also sue the estate and recover for the injuries, medical bills, etc.

Dwayne B. :

Texas allows a lawsuit against a spouse for injuries received in a car wreck and since he is deceased the lawsuit would therefore have to be against his estate.

Dwayne B. :

However, the statute of limitations on car wrecks is two years and, in addition, there can be issues if a claim is not filed against the estate after the "notice to creditors" is issued.

Dwayne B. :

The website is showing you are offline so I will save and exit to assist others. I will still be on the website so when you post a reply please wait in chat and I'll be back with you as soon as I finish up with the other customer.

Dwayne B. :

Why did you issue a Bad Service rating? The question was answered correctly and quickly