My father's name is on the deed, but my stepmother's brothers and sister's think the house is theirs.

My stepmother's siblings (she did not have children) think that my father's house is theirs, because my father died first. this is in Dallas, Texas. My stepmother left a will, but my father did not.
Additional information
Thanks. I may have not stated my issue precisely. This was not my mother, but my stepmother. She did not have children, but left a will to her brother and sister. I was contacted once by a title insurance company, but my stepmother's brother had problems with me having half of the money, according to Texas probate law. I am my father's only biological child. My father did not leave a will. My father's name is on the deed. What is my legal recourse?
Answer this question Add to list

Answers (1)

Keenan M. Post

Keenan M. Post Avvo Pro

Contributor Level 7
Get a copy of the current deed and take it to a local probate attorney to discuss the timing of the deaths, the interested parties, etc. YOu need to get on this before the house is destroyed, etc.

Goo luck.

If you know there is a will you need to locate a copy by contacting your mother's attorney, financial advisor, or other representatives. This may be difficult as you know. It is important to understand that whether there is a Will or not is only important if your mother owned assets in her individual name at the time of her passing. Assets that your mother owned jointly with your sister or another, or that your mother owned and which named your sister as the beneficiary - pass automatically on death and will not pass pursuant to the terms of a Last Will and Testament. If your sister exercised undue influence over your mother in order to get her to change her Will, and/or her asset ownership and beneficiary designations, you could potential file a lawsuit against her to recover what you believe to be your inheritance that was wrongfully diverted to your sister by her actions. I can tell you that such lawsuits are emotional and can be very expensive to prosecute so be prepared if that is the way you are headed. If your mother owned real estate you can call the appropriate county recorder of deeds to determine how the real estate is titled; if in your mother's name alone there will have to be a probate proceeding to pass legal title to the real estate. If a probate case is filed you will receive notice thereof (assuming your sister doesn't claim she does not know your address, etc.).

Please don't hesitate to contace me if I can be of further assistance.

LEGAL DISCLAIMER
Mr. Post is licensed to practice law in KS and MO. The response herein is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply unsuitable. Mr. Post strongly advises the questioner to confer with an attorney in their state in order to ensure proper advice is received.
0 1
Back to Search Results

Ask a Question

Get free answers from real lawyers.

Next question: RE: out of state license and DWI

Previous question: lien notice