If I’m a recent widow grownwith grownstepchildren who now have1/2 interestin my home, who is responsible for paying the mortgage, taxes and insurance?

Get Legal Help Today

 Secured with SHA-256 Encryption

If I’m a recent widow grownwith grownstepchildren who now have1/2 interestin my home, who is responsible for paying the mortgage, taxes and insurance?

My husband was killed 6 months ago. My 2 grown stepchildren filed affadavits of heirship shortly after his death. They now have half ownership in my house. I have right to occupy it until I die, according to state law. I still owe mortgage on it. Are the stepchildren responsible for any of the expenses of principal, interest, taxes, or insurance since they now have 1/2 interest in the property? Can my 2 children inherit my half of the property when I die? I have been making all payments and taxes and insurance since my husband was killed.

Asked on December 31, 2011 under Real Estate Law, Texas

Answers:

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

Answered 9 years ago | Contributor

I am so sorry for your loss and for the problems that have arisen.  I wish that I could look at all the documents involved here to see what transpired.  You did not own your house with rights of survivorship?  That seems odd.  From what I can tell here from what you have written is that the mortgage is in your and your husband's name, correct?  Then according to the bank it is your problem and the problem of your husband's estate.  But I think that you could try and ask for a set off of the payments made against the value upon the satisfaction of the mortgage and the sale of the house.  The taxes and insurance - as well as the upkeep and maintenance -however, may be a different matter and I think that you could indeed request that they pay a portion now.  Yes, you can leave your half to your kids.  You really need to seek help from an attorney as soon as possible.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption