Does my wife have any right to the property I have received through heirship of my recent mother’s passing?

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Does my wife have any right to the property I have received through heirship of my recent mother’s passing?

The property belongs to my mother is now in the name of my brother and myself even though my wife and I have been together 14 years. Does she have any right to that property as it was received through survivorship of my mother’s passing? If I am selling the property I don’t need a power of attorney from my wife do I?

Asked on December 5, 2017 under Family Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If you received the property as part of an inheritance and you have kept it separate and have not used marital funds in any way to support it, then no, she is not entitled to any part of it.  And you do not need a POA to transfer it if she is not on the deed.  Keep the funds from the sale in a separate account with only your name on it. Good luck.


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