Willis, TX Estate Planning Law Firms & Lawyers

If your father died without a will, it is possible you can wrap up his affairs with what is known as a small estate affidavit. If his assets were worth $50,000.00 or less (not including his homestead), this simple procedure will allow you to transfer title of his assets to his heirs. I recommend consulting a local attorney for more information about this option.

It's hard to know for 100% certainty who will get the house at this point. If he had taken steps, outside of a will, to give the house to someone-then, that may end up ultimately controlling what happens. If he hasn't done anything to transfer ownership of the house, if he has no will, then the Texas laws of intestate succession will control ownership of the house after he dies. In your case, the Texas laws of intestate succession would appear to give all of his property to his children in equal shares (including the house).

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.