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Wife died and no will. Father left will to wife and sister.

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She has to give sister...
wife died and no will. Father left will to wife and sister. She has to give sister half of house if my wife were to marry.
Submitted: 2 months ago.Category: Estate Law
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12/24/2017
Estate Lawyer: RayAnswers, Attorney replied 2 months ago
RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 45,316
Experience: Texas lawyer for 30 years in Estate law
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

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Estate Lawyer: RayAnswers, Attorney replied 2 months ago

Can you restate this please want to make sure what the situation is here.Thanks.

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Customer reply replied 2 months ago
My wife passed away Dec 11th. She had no will. Her father left a will to her and sister. If she were to marry. She was to give sister half of the home. My wife has her name on the deed and she owned the house before 2003 and then we got married. She had no will. There is an older sister who was kicked out of fathers will. She does not know my wife died. There are 3 girls all together. Other sister who suppose to get half wants to put house in her name and keep the other sister out of it. The parents of all girls built the house originally. Then my wife got it.
Customer reply replied 2 months ago
You there Ray
Estate Lawyer: RayAnswers, Attorney replied 2 months ago

You would need local lawyer to make application for intestate probate( means no will).The court decides what the assets of the estate are and the house appears to be hers here.

In Texas, if you are married and you die without a will, what your spouse gets depends in part on how the two of you owned your property -- as separate property or community property. Generally, community property is property acquired while you were married, and separate property is property you acquired before marriage. There are a couple of big exceptions: Gifts and inheritances given to one spouse are separate property, even if acquired during marriage.

If you want to learn more about how community property works, read Separate and Community Property During Marriage: Who Owns What?

Your spouse will inherit your half of the community property. If you have separate property (many spouses mix everything together and don’t have any separate property) your spouse will inherit all or a portion of it. The size of your spouse’s share of your separate property depends on whether or not you have living parents, children, or siblings. If you do, they and your spouse will share your separate property.

You would have a share here if not all of the wife's estate and this likely includes the house if she already had it by deed here.The probate judge here in Texas has final say of what is a probate asset and who legal heirs and shares are.

You have priority to be named personal representative of her estate.You will need local lawyer to probate her estate and settle all of this.

I am so sorry for your loss of loved one and having to deal with all of this.

I appreciate the chance to help you tonight.Thanks.

If you can positive rate 5 stars it is much appreciated.

Lawyer referral through our state bar

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Estate Lawyer: RayAnswers, Attorney replied 2 months ago

Here wife had title here to house.Unless sister sues here to claim half it appears it belongs to your wifes estate.

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Customer reply replied 2 months ago
No parents and I'm here in the house and sister wants to get it all to protect it. Do I own it right now and do I have a right to stay here.
Customer reply replied 2 months ago
We did not buy it together. My wife owned before me.
Estate Lawyer: RayAnswers, Attorney replied 2 months ago

You would be an heir to wife's estate , you have at least an interest, judge is going to have to sort out whether you own it all.My hunch is you do under laws of intestacy.Probate judge will have to sort it out he categorizes property, who heirs are, and their shares as part of probate.She cannot make you leave until this is sorted out be the judge.

I wish you the best with all.

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Customer reply replied 2 months ago
Can they kick me out if she becomes executed?
Customer reply replied 2 months ago
Executer
Estate Lawyer: RayAnswers, Attorney replied 2 months ago

No you would have priority here to be named personal representative(we don't use executor any more in Texas)

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Estate Lawyer: RayAnswers, Attorney replied 2 months ago

ESTATES CODE

TITLE 2. ESTATES OF DECEDENTS; DURABLE POWERS OF ATTORNEY

SUBTITLE G. INITIAL APPOINTMENT OF PERSONAL REPRESENTATIVE AND OPENING OF ADMINISTRATION

CHAPTER 304. PERSONS WHO MAY SERVE AS PERSONAL REPRESENTATIVES

Sec. 304.001. ORDER OF PERSONS QUALIFIED TO SERVE AS PERSONAL REPRESENTATIVE. (a) The court shall grant letters testamentary or of administration to persons qualified to act, in the following order:

(1) the person named as executor in the decedent's will;

(2) the decedent's surviving spouse;

(3) the principal devisee of the decedent;

(4) any devisee of the decedent;

(5) the next of kin of the decedent;

(6) a creditor of the decedent;

(7) any person of good character residing in the county who applies for the letters;

(8) any other person who is not disqualified under Section 304.003; and

(9) any appointed public probate administrator.

(b) For purposes of Subsection (a)(5), the decedent's next of kin:

(1) is determined in accordance with order of descent, with the person nearest in order of descent first, and so on; and

(2) includes a person and the person's descendants who legally adopted the decedent or who have been legally adopted by the decedent.

(c) If persons are equally entitled to letters testamentary or of administration, the court:

(1) shall grant the letters to the person who, in the judgment of the court, is most likely to administer the estate advantageously; or

(2) may grant the letters to two or more of those persons.

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Estate Lawyer: RayAnswers, Attorney replied 2 months ago

Thanks again and thanks for rating 5 stars, prayers to you here.I am sure all of this is overwhelming.

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Customer reply replied 2 months ago
You bet and i ended up being a diabectic after her passing
Customer reply replied 2 months ago
Thank you
Estate Lawyer: RayAnswers, Attorney replied 2 months ago

I understand me too insulin and all.Stars at top of page.Have a great evening.

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Estate Lawyer: RayAnswers, Attorney replied 2 months ago

Thanks for rating 6 stars.

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