Does my new sister in law have rights on deceased mothers land?

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Does my new sister in law have rights on deceased mothers land?

My brother got remarried 2 years ago in
prison and his new wife wants to move
onto my deceased mothers land.where me
and my family are living now.There is
no will and I pay the taxes.no one else
since her death 5 years ago. Does she
have any rights?

Asked on March 22, 2017 under Estate Planning, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

She does not herself have rights, but as your brother's spouse, she would have the same rights he does. If  there was no will, you and your brother would have equal rights to use, live on, occupy, etc. the land (since you would have inherited equally under "intestate succession," or the rules for who gets what when there is no will); since he could move onto the land, your sister-in-law, as his spouse, could, too. Since her rights are based on his, he could refuse to do this--she can't do it without his agreement--but if he supports her in this, she can.


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