Siblings own assets equally after death of parent
Q: What is my right as one of six siblings after my mother has died without a will? She had a house and an old vehicle in her name. She was divorced and lived alone. Is her house and vehicle considered community property divisible by six? What do I do to get my part of the property?
A: The six of you inherited the home and car in equal, undivided shares. Each of you now owns a one-sixth interest in the home and car.
The properties are not community property, as that type of property can only be owned by persons who are married. Instead, those two properties were your mother’s separate property.
Ideally, the six of you
should agree to sell the home and car, either to one of you who will then pay money to the other five, or to some other willing buyer.
Title to the car can be changed to the six of you by using form VTR-262. You can sell the house by hiring a real estate agent who should be able to help you clear up title using a simple affidavit of heirship form.
Q: Do I need to hire a lawyer to prepare a power of attorney, or can I just get a form off the internet and have it notarized?
A: The Texas Legislature created a form to be used by people without the assistance of an attorney. It can be found in Section 752.051 of the Texas Estates Code, which is available at statutes.capitol.texas.gov. Extra, optional language can be found in Section 752.052.
Q: You answered a question from a person who said their same-sex partner of 25 years is leaving his house to him in his will. The reader was wondering if a brother could challenge the will and claim the house. You advised that if one or more of various conditions, like lack of capacity of the will-writer, are “valid” that the brother could win his case and get the house. My thought is that truth and validity are not always a slam dunk one way or the other, at least in the eyes of a judge or jury. I would change your wording to say that if the brother’s claims contesting the will were “deemed to be valid,” then he could win his case. Do you agree with my thinking?
A: Yes. Perhaps “determined by a judge or jury to be valid” would have been better phrasing.
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.