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Discussion Starter · #1 ·
Here is the situation: Mrs. Doe, a widow, died and left her property to her three daughters, Jane, June and Jill. All daughters are married. The property essentially consists of a 50 x 300 ft lot and a small one bedroom/bath house on piers in SE Texas. After the death of Mrs. Doe, Jill and her husband, John, moved into the house. The only stipulation asked by Jane and June was that Jill and John provide the upkeep of the property and pay the taxes when they are due.

Jane and June did not accept nor expected any renumeration from Jill and John as they really needed all the help they could get at the time, i.e., rent free residence; all they had to pay for was the utilities and taxes.

Jill died intestate last September. Jill and John had no children. John has been approached by someone who wants to buy the unoccupied half of the lot. John believes that if and when the lot sells, he is entitled to 1/3 of the proceeds of the sale.

I thought that Texas law of inheiritance says that in this above situation, that Jill's share of the property is divided with 1/2 going to John, and the remaining portion going to Jane and June as next of kin.

Comments from those of you who know the law?


Thanks,

JLD
 

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Why would John be intitled to more then the blood sisters?

I've been dealing with a will problem for 4 months myself, and technically if he is not one of the imediate family he is intitled to zero. (the way it has been explianed to me). Unless Jill had a will or the property in her name John has no right to anything.

You think this is confusing, through a Trust into it and have some problems.

FN
 

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JL Dunn, you are absolutely correct. Because Jill died intestate, her estate is divided in 2. 1/2 goes to her husband and 1/2 goes to her next of kin. Absent any kids this share is split between her siblings.

The new ownership is:

John - 1/6 = 2/12
Sister A - 1/12 + 1/3 = 5/12
Sister B - 1/12 + 1/3 = 5/12

The percentages get really interesting if some of the siblings are only 1/2 brothers or sisters.

steve
 

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steve_m said:
JL Dunn, you are absolutely correct. Because Jill died intestate, her estate is divided in 2. 1/2 goes to her husband and 1/2 goes to her next of kin. Absent any kids this share is split between her siblings.

The new ownership is:

John - 1/6 = 2/12
Sister A - 1/12 + 1/3 = 5/12
Sister B - 1/12 + 1/3 = 5/12

The percentages get really interesting if some of the siblings are only 1/2 brothers or sisters.

steve
this would be the correct way it would be divided.
 

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I actually lived through this, and this is how it is. According to our lawyer, if John and his wife never bought the property, it is consider seperate property and John has no right to any value of the house at all. Now with that said, John, if John is still livivng there and has filed the house as his Home Stead you could have heck getting him out. The Home Stead Act of Texas is a tough one. If they had kids the kids would get the house.
 

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Discussion Starter · #12 ·
"Inheiritance" should have been spelled Inheritance...so much for 2 degrees!


It's nice to see the posts that support my premise; however, can anyone point me to the particular reference, i.e., Law, that covers this situation? It would really help. Right now I don't think John is in any mood for an opinion that does not support his view.


JLD
 
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