Who collects rental money after owners death?

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Who collects rental money after owners death?

My mother was gifted a rental house before her death. She passed away in Feb.
2018. She was married while she acquired the rental property from her parents.
Her husband is moving from her home that she had built before their marriage. she
has 3 adult children from her first marriage. Her living spouse, is collecting
the money from her rental house. since he has decided to move from her home, he
is giving up his homestead rights to her home. Does he have a right to collect
and keep money from the rental home after he moves? My brother and sister are
under the impression that any money collected from rental properties should be
split 3 ways between us, since she had no will.

Asked on April 7, 2018 under Estate Planning, Texas

Answers:

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

Answered 2 years ago | Contributor

I am so sorry for your loss.  You ned to seek legal help and open an estate for your Mother since she died "intestate" - without a Will.  The intestacy laws in Texas will apply and it is a community property state, but there seems to be here separate property that was hers prior to marriage and prior to death, of which a portion will come to you and your siblings.  The person appointed as the Personal Representative of the estate should be colllecting the rents and depositing the money in to an estate account.  Please seek help.  Good luck.


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