Inherited properties
Answers to real estate questions as appearing
in the Houston Chronicle
By george stephens, CRB, AND Charles J. "Chuck" Jacobus, JD
Dear George: My wife and I purchased a residence in 2002 in both our names. She passed away in 2003 without a will, leaving two adult children. I still live in the house, and now her children each have a one-quarter interest in the house. Does this mean they're responsible for half of the bills for the property, since they'll inherit half of the house's equity when I sell or die? Is there a legal document that I could obtain for clarification?
Answer:Section 45 of the Texas Probate Code outlines what happened to your property when your wife died. However, to answer your question regarding your wife's children's responsibilities regarding your property, you need to consult a probate attorney.
E-mail your question to "Ask George & Chuck" or fax it to 281/596-7591. The answers to questions in this column do not contain legal advice. If you wish to obtain legal advice, you should consult your own attorney.
George Stephens, CRB, is the broker of ERA Stephens Properties. He is licensed as a mortgage broker in Texas and a real estate broker in Texas, Georgia, and Massachusetts.
Charles J. Jacobus, JD, is board certified by the Texas Board of Legal Specialization in Residential and Commercial Real Estate Law, and the author of Texas Real Estate Law and Texas Real Estate, both published by Thomson Publishing. He also teaches at Champions School of Real Estate and Houston Community College, and is an adjunct professor at the University of Houston Law Center.
George and Chuck are co-authors of Texas
Real Estate Brokerage and Law of Agency published by Thomson Publishing.
