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My grandfather built a home, my mother and I (daughter)

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My grandfather built a...

My grandfather built a home, my mother and I (daughter) moved into it. It was deeded to my mother. Right before she passed away from cancer, my step father was added to the deed (no one is clear if she actually did it as she was incoherent in the end). Now my step father has passed away and we are selling the property because he destroyed the home. There is my sister, my step sister and myself. My step sister is saying because he is 50% on the deed and my mother is 50%, then she should could 50% in the sale and my sister and I get 25% each. Does that sound normal? I assumed all of the profits would be split 1/3 each. Thank you

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Texas

Lawyer's Assistant: What steps have you taken so far?

None except pulling the deed and a realtor is looking to build contracts

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No maam

Submitted: 28 days ago.Category: Legal
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Answered in 13 minutes by:
3/26/2018
Lawyer: legalgems, Lawyer replied 28 days ago
legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 12,570
Experience: Just Answer consultant at Self employed
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Lawyer: legalgems, Lawyer replied 28 days ago

I am sorry for your family's loss;

if the property was held as joint tenants with right of survivorship, then the last joint tenant (last surviving spouse) would own the property outright and thus the property would pass to that last survivor's heirs.

Now if they were co-owners, then their respective property interest would pass to their respective heirs. So if party #1 owned 50%, that 50% interest would pass to #1's heirs, and be divided equally; #2's ownership interest would pass as well to #2's heirs.

Step relatives do not have a right of inheritance.

It is possible to void a transaction if it can be proven that the transferor was of sound mind; this is complex and it is best to hire an attorney to determine if there is adequate proof that the transferor was not of sound mind and thus the gift should be voided.

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Lawyer: legalgems, Lawyer replied 25 days ago

Hello; just checking in on the above.
If you have further questions please post here and I will do my best to get you the requested information.
Otherwise
kindly rate positively (hopefully you feel I have earned 5 stars) to help maintain my high customer satisfaction score and so I know you were satisfied with my services.

The above information is for educational purposes only. An attorney in one's jurisdiction can be located at https://www.americanbar.org/groups/legal_services/flh-home.html
Thank you.

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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