Markham, TX Estate Planning Law Firms & Lawyers

The terms of your mother's will determine you and your brother's rights, obligations, and duties with regard to settling her estate and the division of her property. If your mother is still mentally capable of doing so, it is a good idea to talk to her about these issues now while she is still alive. The division of her personal property in the home is something that she could do while living, and it would be up to her to include or exclude her husband from the process. It sounds as though your mother is quite ill, so this may not be possible. If you have a copy of your mother's will, it may be a good idea to take it to a local attorney who is knowledgeable about probate law to discuss your concerns.

If he left a will or a trust naming you as beneficiary, you would be entitled to receive from his estate as he designated (whether or not you were married). If he had no such paperwork and you were not married, then you are not entitled to receive from his estate; however, if you had jointly titled assets (e.g. a house or bank account), you may be entitled to receive his share of those assets (it depends on how the title was held). I recommend you consult with an attorney to discuss this matter in greater detail.