Do I have a legal right to my parent’s home because my parents and siblingshave all passed away?

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Do I have a legal right to my parent’s home because my parents and siblingshave all passed away?

Asked on December 26, 2011 under Estate Planning, Texas

Answers:

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

Answered 12 years ago | Contributor

I am so sorry for your losses here.  There are a lot of unanswered questions here that will influence any guidance given in this matter.  First, was there a Last Will and Testament left by your parents when they died?  Was their Will or Wills probated?  If they died with out a Will then the intestacy laws in the state apply.  Do your siblings have any children?  How are they treated under the Will?  They may inherit their parents share of your parents estate.  This may also be true under the intestacy statutes in Texas.  You need to get some legal advice from some one in your area.  Good luck to you.


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