When stepsiblings won’t carry their fair share, what to do?
Q: My father died without a will 10 years ago. He had three children with my mother and three from a previous marriage. My mother kept her half of the home, and she has a life estate in my father’s half, with the six children each owning a one-twelfth remainder interest. By law, each child is supposed to pay one-twelfth of the insurance premiums, but my stepsiblings refuse to pay. When my mother dies, as executor, can I deduct the unpaid insurance premiums before I disburse the sales proceeds to them?
A: The money from the sale of the home will pass through a title company, and they will know there are six owners who are supposed to split the money. You can try to direct the title company to give your stepsiblings less than what they are owed, but if your stepsiblings put up a fight, I think they may win, for the most part.
The problem is with the statute of limitations. Your stepsiblings’ obligation to reimburse your mother doesn’t last indefinitely, so you can’t simply add up years and years of premiums. You may be limited to the last few years of reimbursements, and no more.
Q: I have an older relative who owns a car. Is there a simple way to avoid probate for this vehicle when he dies?
A: Yes, you can use Form VTR-262 called “Affidavit of Heirship for a Motor Vehicle” to transfer title. It is available at www.txdmv.gov.
Q: Please let me know which website I can use to obtain the Transfer on Death Deed form for real estate. When I Google it, I get a list of advertisements, but I believe there is an official government website.
A: There is no official government website. However, you can find the form at www.texaslawhelp.org, which is a website dedicated to providing
free legal information to Texas residents.
It is important to note, though, that the Transfer on Death Deed form on their website is nearly identical to the form which used to be available as a statutory form created by our legislators in Austin. But because that form was so poorly written and difficult to understand, the Legislature repealed it effective Sept. 1.
As of now, Transfer on Death Deeds are legal to use in Texas, but there is no longer an official state form. You can still use the repealed form, which is what Texas Law Help is doing (although they have modified it to make it slightly more understandable), or you can try to write your own form.
When the Texas Legislature repealed the form, they assigned the Texas Supreme Court with the task of creating a new form. Hopefully, a new and better form will be released sometime in 2020.
The information in this column is intended to provide a general understanding of the law, not legal advice. Readers with legal problems, including those whose questions are addressed here, should consult attorneys for advice on their particular circumstances. Ronald Lipman of the Houston law firm Lipman & Associates is board-certified in estate planning and probate law by the Texas Board of Legal Specialization. Email questions to stateyourcase@lipmanpc.com.