Texas City, TX Estate Planning Law Firms & Lawyers

Depending on how things were set up, there may or may not be a Will and even if there is one, there may be no assets to pass under the Will. A Will covers only those assets that are in the decedent's name alone. Any assets that were jointly held or that have a designated beneficiary, pass outside of probate and outside the control of any Will. So finding the Will will not help you, if the assets were set up in such a way as to avoid probate.

Typically, the government will sue "in rem" which means that they will only go after your interest in the house, and not after you personally. You can also sue to force the sale of the house and get your 1/4 value out of it.

In Texas there are a couple of questions that need to be asked. Was the house community or separate property? Next are there children outside this marriage, such as a previous marriage? Since you say it is your mother and father, I will answer as if your sisters are also the product of this marriage. If the house is community property, it belongs to your mother. If the house was your father's separate property, it belongs to you children. She however, has the right to live in it all of her life. Whether her stay in the nursing home is sufficient to remove that right, is a whole different question.