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iamjeri · Oct 26, 2009, 09:49 PM

My mother died in 2006. My step dad still lives in the home that they we buying together.
He is now in the process of putting home on the market, and remarrying. Under Texas law.
Do I have any inheritance at the sell of the home? Nick

stinawords · Oct 26, 2009, 10:38 PM

Did you put any money toward them buying the house? Were you also buying it? If not then no. Joint things like that generally go to the surviving party directly involved. Did she leave a will? If you were willed her half of the house instead of him then maybe but unless you were a third party in the purchase no.

iamjeran · Nov 2, 2009, 08:24 AM

Is that a provable concept ? I felt that children were to receive inherited property and were natural
Airs of the property at the death of one parent

ballengerb1 · Nov 2, 2009, 08:41 AM

It is not a concept it's a probate law. Unless mom had a will stating you get something you would get absolutely nothing since her husband has survived her.

stinawords · Nov 2, 2009, 10:57 AM

Laws state (depending on the state but in most states) the spouce is first to get everything unless there is a will that states otherwise. Also, as I said, things such as Houses and bank accounts that are held by more than one person the right of survivorship applies again unless your mother stated otherwise in a will. The right of survivorship means that if one party dies then the other party that is also on the account or deed gets the entire thing (unless there were more than two parties in which case the dead persons share would be divided equally between the remaining partners which is why I asked if you were also involved in the purchase of the house).

iamjeran · Nov 3, 2009, 09:04 AM

This son that I speak of is from a previous marriage The step dad lives in the home in question
He has placed the home on the market and plans to remarry in December does this change the out come?

ballengerb1 · Nov 3, 2009, 09:11 AM

No, step dad is still the surviving spouse and get everything unless there is a will or co-ownership.

stinawords · Nov 3, 2009, 10:58 AM

No, it dosen't change anything. That is the situation as I figured it would be. The step-dad is the surviving spouce as many have said now. He was the only other owner of the house and has right of survivorship unless the mother left a will stating other wise (i.e. should the house be sold after her death and there was a profit after the rest of her half was paid for then half of "her" profit would go to her surviving children)