Lack of a will from mother leaves her four children squabbling
The information in this column is intended to provide a general understanding of the law, not as legal advice. Readers with legal problems, including those whose questions are addressed here, should consult attorneys for advice on their particular circumstances.
Q: My mother died in January without a will. There are four adult children who inherited two low-value homes she owned. Two of the four siblings live in the homes (one in each), and that’s where the conflict exists. What can I do to get a plan for this situation? None of us can afford to hire a lawyer.
A: With regard to probating your mother's estate, the two options are either Affidavits of Heirship, or a complicated and expensive probate which would include an Heirship Determination. Clearly, the first option would be much easier, but you probably would need the assistance of an attorney.
The easiest solution for the ownership of the homes is for the two children who live in the homes to purchase the interests of the other two children. Again though, you would probably need an attorney.
Importantly, you didn't mention whether you mother owned other properties, such as bank accounts, brokerage accounts, retirement assets or life insurance. You also didn't mention whether the four children get along well enough to resolve the conflicts without a fight.
Hiring an attorney might be unavoidable.
Q: Our daughter-in-law was previously married. If we give our son money, either while we are alive or when we die, can her exhusband try to claim any of this money to pay for increased child support?
A: No, he would not be able to do that. Gifts received by your son are his separate property and can’t be taken from him by his wife or her ex-husband. But to be safe, your son should take steps to ensure his separate property remains separate. He shouldn't commingle the gifts he receives with any other property. It would be best for him to keep the gifts in his name alone. If the gifts were to be converted to community property, then the ex-husband could possibly attempt to increase the child-support payments.
Q: Our daughter lives in El Paso with her children because her divorce decree requires her to live there. She shares custody with her ex-husband. She wants to move to Houston, where we can better help her financially. Is there a way for her to be allowed to move?
A: Your daughter's divorce decree contains domicile restrictions.
She will need to hire an attorney and go back to court if she wants to be allowed to move. She would need to seek a modification to the divorce decree. A change of this nature can be difficult to obtain, especially if her ex-husband has been making his required payments on time and has also been visiting or caring for the children as required.
She should meet with an attorney to discuss her options.