Mother's Rights to My Deceased Step-Fathers Property

[Miki Vanity]

My question involves real estate located in the State of: Texas

I am researching on behalf of my mother. My stepfather owned property in Texas for over 18 years. When he passed away in 2003 we all resided in the state of Indiana. There was no will when he passed and both of my step sisters had nothing to do with my stepfather, one for 18 years prior to his death. My step brother had been offered the property a few times while my step father was alive but had always refused it because he didn't have anything he could do with it. My mother paid the taxes 250 dollars a year every single year since my step dad died.

There is something going on with the property now where something on the property affected a home on another property (The details really do escape me). None the less through some reason the woman wants to buy the property so my mother sold her half of the property but my step siblings are trying to hold her up (the one step sister). What are my mothers rights? The children (all adults) live in louisiana, and only ONE step sibling had contact with my step father. I hope this makes sense. This is about all the information I have at the moment.

[jk]

your mother can sell her interest in the property if she wants to and has a buyer. That does not mean the other co-owners must sell theirs.

Her action would be a suit to partition. That is where you ask the court to figure out how to either divide the property of demand a sale of the property and division of the proceeds.

If mom has already sold her interest in the property, there is nothing for her to be concerned with or involved in.

[Miki Vanity]

Is there anything about percentage of shares vs what can be done? My mother owned half and the other half is split between them. My stepbrother and mom (1/2+1/3) wish to get rid of the property can they exclude the One sister who is holding out? And as my mother and step father paid on the property for 18 years while none of his children paid a dime to this day, is it not like them doing it as a joint thing and when he passes it becomes her the spouses property?

[jk]

no. each person owns their share and can do with it what they want. There is no majority rule that will for the other(s) to acquiesce to the sale. Sorry but that's the problems that come with joint ownership of a property.

as to your mother paying the taxes and such; maybe she should consider suing the non-paying co-owners to recover what they should have been paying.

[Miki Vanity]

My confusion is why my step-siblings are even a part of the property. It was his and my mothers. If they are included why then am I not? I was "Technically Adopted" as he paid for over 50% of all my living expenses when he was alive, which was how my mother was able to recieve survivor benefits on my behalf as a child. The latter part is really irrelevant in the end because again, it was none of us kids property, we never paid for it. it was never in a will that it was to go to us, it had always been his and moms property, thus based on that logic I assumed it would go into her sole ownership when her partner passed.

[jk]

was your mother on the title to the property at all? If so, how was it titled (joint or tenants in common)? There may have been a mistake. I was presuming it was his 100% as you said " My stepfather owned property"


Due to the fact there was no will, his children would inherit 1/2 of the property (his 1/2) and as his wife, your mother would inherit 1/2 of the interest and that is how things ended up as they are now.

Now you say it was his and your mothers so, which is it? and how, exactly (redact actual names) was title held?