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In Texas, does a small estate affidavit protect a surviving…

In Texas, does a small...
In Texas, does a small estate affidavit protect a surviving spouse when the house is being sold and is a homestead?
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Answered in 2 minutes by:
12/20/2017
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 43,101
Experience: 17 yrs estate law, real estate. Wills/Trusts/Probate
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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Are you referring to creditors of the deceased trying to file a claim against the house?

.

.

thanks

Barrister

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Customer reply replied 8 months ago
No his adult children getting half of what I sell the house for
Customer reply replied 8 months ago
I did not request a phone call

Ok, was the house solely owned by the deceased?

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Was it left by a will to someone in particular?

.

Or did the deceased pass without a will?

.

Are you selling the house voluntarily to settle the estate or are the children trying to force a sale?

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Ok, was the house solely owned by the deceased?

.

Was it left by a will to someone in particular?

.

Or did the deceased pass without a will?

.

Are you selling the house voluntarily to settle the estate or are the children trying to force a sale?

Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 43,101
Experience: 17 yrs estate law, real estate. Wills/Trusts/Probate
Verified
Barrister and 87 other Estate Law Specialists are ready to help you
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Ely
Ely, Counselor at Law
Category: Estate Law
Satisfied Customers: 1,867
Experience: Fully licensed attorney in Texas in private practice.
Verified
Phone call session started
Customer reply replied 8 months ago
No him and I owned it. He passed without a will. I am selling the house voluntarily to avoid foreclosure. He passed away 9 years ago when the children were minors. I had a small estate affidavit done after he passed.

Ok, the small estate affidavit is only good for personal property and it basically says that the Affiant promises to take all the deceased's assets and distribute them according the their will or under default state law.

.

So if you were both on the deed, but not as joint tenants with right of survivorship, his half of the house would still be in his estate and if he had no will, it would descend according to default state law. In TX, if you were married, and these are his kids, not yours, then his children inherit his half of the house. You would have inherited 1/3 of his separate personal property and the right to use the house for your lifetime.

.

With that said, his children would be entitled to half of whatever the proceeds of the house sale are once any mortgage is paid off..

.

.

thanks

Barrister

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