How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask originallawyer Your Own Question
originallawyer, Attorney
Category: Estate Law
Satisfied Customers: 855
Experience:  9+ years of experience in writing wills and probating estates in a variety of ways.
Type Your Estate Law Question Here...
originallawyer is online now
A new question is answered every 9 seconds

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

Customer Question

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: 11 months ago.
Category: Estate Law
Expert:  originallawyer replied 11 months ago.

Thanks for using Just Answer! I will do my best to answer your question using the info you've given me. Please feel free to ask for clarification!

Customer: replied 11 months ago.
I do not see an answer to my ?
Expert:  originallawyer replied 11 months 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.

Customer: replied 11 months 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?
Expert:  originallawyer replied 11 months ago.

That should work, if nobody is contesting the issue.