deceased father's wife selling home

texasborn

New Member
Our father passed in Texas 7 years ago. His wife said he did not have a will. He owned a home, RV, boat and a few cars with his wife (not our mother) and an unknown amount in checking/savings accounts. His, now remarried, wife is trying to sell the home and has contacted us to sign a heir of affidavit. We haven't heard anything since and there is a contract on the home now. From my understanding, the title company is aware of heirs and closing is within 2 to 3 weeks. We received nothing of my fathers after he passed. I understand that my siblings and I are entitled to 50% of anything he held title to and that we are too late for probate of everything he had?? Can she sell the home without us? Are we entitled to half of the sale price now or only half of the equity at the time of his death? I believe there was a mortgage on the home at that time.
 
Our father passed in Texas 7 years ago. His wife said he did not have a will. He owned a home, RV, boat and a few cars with his wife (not our mother) and an unknown amount in checking/savings accounts. His, now remarried, wife is trying to sell the home and has contacted us to sign a heir of affidavit. We haven't heard anything since and there is a contract on the home now. From my understanding, the title company is aware of heirs and closing is within 2 to 3 weeks. We received nothing of my fathers after he passed. I understand that my siblings and I are entitled to 50% of anything he held title to and that we are too late for probate of everything he had?? Can she sell the home without us? Are we entitled to half of the sale price now or only half of the equity at the time of his death? I believe there was a mortgage on the home at that time.

You aren't necessarily entitled to anything of your father's estate.
But, you could be entitled to a portion of his estate.
The surviving spouse doesn't need any of you to sign off on her claim to the affidavit of heirship.
Texas is a TRUE community property state.
That means that dad and his wife owned everything equally.
Unless dad had a will bequeathing STUFF to you and your "sibs", you take NOTHING via intestacy,

People often assume that if they are married and die without leaving a valid will in Texas, their surviving spouse will inherit their entire estate.
This is not always the case. How their property is divided depends on whether it is characterized as community property or separate property.

All property acquired during a marriage is presumed to be community property. Under Texas laws, if you are married and are survived by a spouse and children, then:

Your surviving spouse will inherit all your community property if all your children are also the children of your surviving spouse;
Otherwise, all your one-half interest in the community estate will pass to your children, with your spouse keeping only his or her one-half interest.

If you do not have any children, then your surviving spouse will inherit all of your community property.

Separate Property

If your property is characterized as separate property, the distribution scheme is different:

If you are survived a spouse and children, your surviving spouse is entitled to one third of your separate personal property and only a life estate (the right to use the property until his or her death) in one-third of your separate real property. The rest would be inherited outright by the children of the deceased spouse.
If you are married but have no children or other descendants, your surviving spouse would be entitled to all the separate personal property. But if you have surviving parents and siblings, the surviving spouse would only be entitled to one-half of the separate real property with the other half passing to the parents, siblings or descendants of siblings in a manner set forth by the statutes.

I suggest you consult a real estate or estate lawyer in your county.

Heirship, wills, intestacy are very complex and personalized matters.

The answers I've offered are useful in a general sense.
You now require a specific consultation to determine just where all of stand.
 
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