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What rights do I have to my parents' property without a will?

What rights do I have to my parents' property without a will?

Full question:

My mom and dad both passed away with no will. I lived and cared for them for 6 years. An older sibling wishes to sell the property even though I still reside there with my family. The deed is currently still in my father's name. What rights do I have, if any.

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

Answer:

When a person dies without a will, they are considered to have died intestate. In Texas, the estate will be distributed according to intestate succession laws. Since both of your parents have passed away, their property will be divided among their heirs.

According to Texas law, if a person dies intestate and has children, the estate will pass to their children. As you are a child of your father, you have a right to inherit part of the property. If your father had no surviving spouse, the property would typically be divided equally among all his children, including you and your sibling.

If your sibling wishes to sell the property, they cannot do so without your consent, as you both have rights to the property. You may need to discuss this with your sibling or seek legal advice to understand your options better. If necessary, you could consider filing for a partition action to divide the property or negotiate an agreement regarding its sale.

For more detailed guidance, you may want to consult a legal professional who specializes in estate law.

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

Do children automatically inherit parents' house?

In general, children do inherit their parents' property if the parents die without a will, known as dying intestate. The property is typically divided equally among the children. However, this can vary based on state laws and the specific family situation. For example, in Texas, if both parents are deceased and there is no surviving spouse, the property would be divided among the children. It's important to consult local laws for specific inheritance rules.

Who inherits in Florida if there is no will?

In Florida, if a person dies without a will, their estate is distributed according to intestate succession laws. Generally, the estate goes to the surviving spouse and children. If there are no children, it may go to other relatives such as parents or siblings. Each state's laws can differ, so it's advisable to check Florida's specific statutes for detailed information.

What is the law on heir property in Mississippi?

In Mississippi, heir property refers to property that has not gone through probate after an owner's death, leaving multiple heirs with ownership rights. This often leads to disputes among heirs, especially if some want to sell while others do not. The state allows heirs to partition the property or negotiate agreements for its use or sale. It's advisable to consult an attorney for guidance on managing heir property.

How do you put heir property in your name?

To put heir property in your name, you generally need to go through a legal process, which may involve filing a petition for probate or partitioning the property. You may need to gather documentation proving your relationship to the deceased and your right to inherit. Consulting with an attorney can help navigate the legal requirements and ensure proper title transfer.

How to get heir property in your name without a will?

If there is no will, you can still claim heir property by establishing your status as an heir under state intestate succession laws. This may involve filing for probate or partitioning the property to formally recognize your ownership. It's recommended to seek legal advice to understand the specific steps and requirements in your state.

How long do heirs have to claim property?

The time heirs have to claim property can vary by state and the type of property involved. Generally, there may be a statute of limitations for filing a claim or for initiating probate proceedings. In many states, heirs should act within a few years after the death of the property owner. It's important to check local laws for specific timeframes and requirements.