What are my rights to my late parent’s house if I also have a sister who wants a share?

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What are my rights to my late parent’s house if I also have a sister who wants a share?

My parents died but they didn’t leave a Will. All they left me was their house, which my kids and I leave in. I took care of them and now my sister is fighting for a share.

Asked on March 25, 2014 under Estate Planning, Texas

Answers:

Brook Miscoski / Hurr Law Office PC

Answered 7 years ago | Contributor

When the parents of a whole-blood brother and sister die without a will in Texas, the typical answer is that the brother and sister (assuming there are no other children of either parent) will each inherit half of their parents' property. 

Sometimes, one of the siblings has engaged in significant expense for the care of the deceased parents. In that situation, that sibling might open up an administration and make a claim against the estate. If the parents promised that the home would belong to the caretaker sibling, that would also support the caretaker's claim. A caretaker sibling does have some options, but of course claims are better or worse depending on the strength of evidence and the will of the other sibling to fight.

An attorney could help you determine what your fighting chances are and whether a settlement with your sibling would be appropriate.


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