Big Spring, TX Estate Planning Law Firms & Lawyers

In Texas, property paid for before marriage usually does not become community property. The issue is that Texas homestead rights are separate from community ownership interest. A spouse has rights superior to a creditor by virtue of residing in property that the spouse does not own. The title insurance company should be able to provide a document that says he does not have homestead rights without stating that he has an ownership interest in the property. If not, you may consider shopping for a new title company.

While a surviving spouse has a lifetime right to occupy the house in Texas, once he leaves, that right is forfeited.  From your reference to "half" it appears that the house was community property and you are your mother's only heir.  Your stepmother may be your father's heir but only after he dies.  She has no rights while he is alive.  You may try to persuade your stepfather to join you in selling the house.  You may offer to buy him out or have him buy you out.  Given the time that has passed, you may sue for partition, forcing a sale.  Contact a local probate attorney.

Good questions. I suggest asking the court directly, or checking the court's website for such information. The court clerks should be able to help you. They probably will forward some instructions to you, which may even include a booklet of duties and generally asked questions. As to the fee, that depends upon the state. Some have statutory limits, for others it is some "reasonable compensation" standard that the judge determines. I suggest asking the court clerks this questions too. In general it depends upon the work performed and the general costs to have such work done. For example, accounting or legal work would entail higher fees than merely administrative or secretarial work. Best course of action is to keep track of all your time, what you did, and all costs (with receipts) for reimbursement.