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In Texas, with no will. A divorced Mother of one son owns a

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house. She dies. So it...
In Texas, with no will. A divorced Mother of one son owns a house. She dies. So it goes to her son, right? Then, he dies, living no will, & no siblings. His nearest relative is his father. Who gets the house?
Submitted: 1 year ago.Category: Estate Law
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8/2/2016
Estate Lawyer: originallawyer, Attorney replied 1 year ago
originallawyer
originallawyer, Attorney
Category: Estate Law
Satisfied Customers: 879
Experience: 9+ years of experience in writing wills and probating estates in a variety of ways.
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Customer reply replied 1 year ago
I do not see an answer to my ?
Estate Lawyer: originallawyer, Attorney replied 1 year ago

This is a tough question. The son would not have automatically inherited the house. Although the mother died without a will, a probate proceeding would still have been required to transfer ownership of the home to the son. Something called a muniment of title would have probably been sufficient. If this process was not completed before the son passed, then there are two possible readings at this point.

1) An argument can be made that the son's remaining parent, the father, has a claim to the home, under Texas' intestate succession laws.

2) An argument could also possibly be made that the home would go to the mother's parents first and if her parents were no longer living, to any siblings.

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Customer reply replied 1 year ago
We filed an Affadavit of Heirship, while son was living, to give him the house. We also filed the Affadavit of Heirship to give the father the house. Is that sufficient?
Estate Lawyer: originallawyer, Attorney replied 1 year ago

That should work, if nobody is contesting the issue.

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