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Tina
Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
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On Tuesday, April 28, 2015 9:17 AM, Rodney Sheppard <*****@******.***>

Customer Question

On Tuesday, April 28, 2015 9:17 AM, Rodney Sheppard wrote:
James:
According to Holly and her mother, Rosemary, Ira Dean Teague died still married to Rosemary. You should look further into you books and see Section 201.002 of the Estates Code that provides that the surviving wife gets a life estate in 1/3 of the intestate’s separate land(the subject property) and his child (Holly) gets the separate property subject to the life estate.
Rodney Sheppard
509 P
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Richard replied 2 years ago.
Hi there. The surviving spouse is that of the son who predeceased his father. And, it's the father's state that is at issue, is that not correct?
Customer: replied 2 years ago.

Yes

Expert:  Richard replied 2 years ago.
Then, then that section of the estate's code is not applicable. We're talking about the son's father's estate. And, if the father's son predeceases the father, then the son's surviving spouse does not inherit from the son's father when the father dies. Rather, it goes to the son's kids. The estate code that is being referenced is when the son dies intestate, what happens to his estate with regard to the son's intestate estate. The father's assets are not part of the pre-deceased son's intestate estate.
Customer: replied 2 years ago.

How can i Convey this to the attorney . I am trying to get a title policy for the property I have deeds from the daughter and from the sons daughter The attorney says i need to get a deed from the surviving spouse. which you say is incorrect . I have been working on this since August 2014 I tracked down the daughter and the granddaughter and did all the research on family history which i provided the attorney and now am very frustrated. Is there any recourse to get this resolved. who can i report to or file a complaint

Expert:  Richard replied 2 years ago.
I would let them know the foregoing and if they don't agree, I would file a suit to quiet title to have a judge issue the appropriate order so that you can proceed without their consent.

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