If my mother never transferred the deed into her own name after my dad passed away, wouldn’t this still be part of his estate?

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If my mother never transferred the deed into her own name after my dad passed away, wouldn’t this still be part of his estate?

And being his son would I be entitled to half of the house? When my father passed away he left my mother the house. Now she has passed and left my sister with POA. My sister now says that the house was left to her but I have yet to see a Will.

Asked on April 2, 2012 under Estate Planning, Texas

Answers:

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

Answered 9 years ago | Contributor

Seek legal help asap.  If the hosue was held between your parents as husband and wife it passed automatically to your mother upon your father's death.  Now, if there is a Will leaving everything to your sister you need to see it and you should be getting a copy when it is offered for probate (filed). Once admitted to probate there are time constraints if you wish to contest it.  If there is no will then I am fairly certain that you and your sister share equally.  And the POA dies with your Mom.  She no longer has any fiduciary powers so watch her.  Seek legal help.  Good luck.  


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