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Can my brother legally prevent us from selling our parents' house?

Can my brother legally prevent us from selling our parents' house?

Q: What are the new inheritance laws in Texas?

As of now, there are no significant changes to inheritance laws in Texas. The laws regarding wills and inheritance generally remain consistent, focusing on the distribution of property according to the decedent's wishes as outlined in their will. It's advisable to stay updated on any legislative changes that may occur.

Q: What makes a will invalid in Texas?

A will can be deemed invalid in Texas for several reasons, including lack of testamentary capacity, improper execution (not signed or witnessed correctly), or if the testator was under undue influence at the time of signing. Additionally, if the will is a product of fraud, it may also be considered invalid.

Full question:

My parents live in Texas and have a will stating that all property is to be divided equally among their birth sons and daughters. My brother, his spouse and adopted, autistic, 10 yr old son have lived in my parents house for 10 yrs or more. My brother pays half of the electric bill, does odd jobs around the house and yard. In the event of my parents death, does my brother or his spouse have legal ways of keeping us from liquidating the house?

Category: Wills and Estates
Date: 04/07/2025
State: National

Answer:

In some situations, an heir can contest a will by claiming the maker lacked the capacity to create it or was under undue influence. To claim ownership of property based on possession and improvements, the person must not have consent to occupy the property.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

How much can you inherit in Texas without paying inheritance tax?

Texas does not impose an inheritance tax. This means that heirs can inherit any amount without having to pay state taxes on it. However, federal estate taxes may apply if the estate exceeds certain thresholds. It's essential to consult with a tax professional for specific guidance based on individual circumstances.

What are the new inheritance laws in Texas?

Does inheritance go to kids or spouse in Texas?

In Texas, inheritance distribution depends on whether there is a will. If a person dies with a will, the property is distributed according to the will's terms. Without a will, Texas intestacy laws dictate that the spouse typically inherits a portion, while children inherit the remainder. The exact distribution can vary based on family circumstances.

What makes a will invalid in Texas?

What is the order of inheritance in Texas?

In Texas, the order of inheritance typically starts with the surviving spouse and children. If there are no children, the spouse inherits the entire estate. If there are no spouse or children, the estate passes to parents, siblings, or other relatives, following the state's intestacy laws. Each situation can vary, so it's important to consult a legal professional.