Full question:
My mother in law passed away in February 2007, she left no will or estate, her most valuable property was a scooter chair, that she used to get around. When she passed we brought that chair home with us, my husbands aunt is taking us to court for that chair. Can she legally take that chair? Or can we sign a ownership of heir.
- Category: Real Property
- Date:
- State: Texas
Answer:
In Texas, when a person dies without a will (intestate), their property is distributed according to state law. Since your mother-in-law had no will, her estate, including the scooter chair, would pass to her heirs according to the intestacy laws outlined in Texas statutes.
According to Texas law, if there are no surviving spouses, children, or their descendants, the estate typically goes to the deceased's parents or siblings. If there are no direct descendants or parents, it may pass to more distant relatives. Therefore, the ownership of the scooter chair would depend on the family relationships of the deceased.
If your husband's aunt is a relative of your mother-in-law, she may have a claim to the chair, depending on her relationship to the deceased. However, if you and your husband are the closest heirs, the chair may rightfully belong to you.
As for signing an ownership of heir document, this could clarify ownership among family members, but it may not prevent legal claims from others who believe they have a right to the property. It is advisable to consult with a probate attorney to understand your rights and options in this situation.
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.