Inheritance and Verbal Wishes, in Texas

[akbdgs]

My question involves estate proceedings in the state of: Texas

My mother-in-law is named as the sole inheritor of her mothers belongings (which includes her home which is paid for). Her mother died May 2008. For the past several years a brother was living with the mother helping pay the bills, taxes etc and even used his own money to fix up the house. The mother verbally said that her son could live in that house until he died but did not list him in the will.

My mother-in-law is now going through financial difficulty and probably will loose the house she is currently living in and needs to move into her mothers house which was willed to her. Her brother has recently moved out to supposedly allow this to happen. My mother-in-law is somewhat affraid to move into the house her mother left her so we changed the locks on the doors to make her feel more secure. Her brother got furiouse over this and now wants to put the house up for rent or make my mother-in-law pay him rent because he says the house is his since he paid to fix it up and paid the bills and taxes before his mother died.

Q:Does he have any rights since his mother verbally told him (and the whole family knows this) that he could live in that house until he dies if he wants to even thought he is not named in the will?

Q:What rights does my mother-in-law have against her brother? He has taken everything out of the house including all of the mothers possessions such as furniture, knick knacks etc.

The will has not been probated yet.

Q:I was also wondering what happens if my mother-in-law has to file chapter 7 bankruptcy....would she loose the mothers house or just the house she currently lives in that she cannot pay for?

Q:Also, would my mother-in-law owe taxes back to May 2008 without all the exlusions that her mother was receiving on the property such as age 65 etc?

Sorry for such a long post but I sure would appreciate any reasuring advice that could be given. Thanks.

[Mr. Knowitall]

You haven't told us how the house is conveyed to your mother-in-law. If it is through a bequest in the will, she won't own it and can't sell it until she actually inherits it. You say that the will hasn't been probated, so if she is taking the house through a bequest in the will she doesn't have title and can't sell it. Also, if that's the case, the estate is presently responsible for taxes, although for all we know the estate plan shifts that responsibility to the beneficiary; we can't read the will from here.

If you meant to tell us that she was added to the title, for example as a joint tenant with the right of survivorship, then she can perfect her title by properly documenting her mother's death to the register of deeds, and she is responsible for property taxes.

The property in the house passes according to the terms of the will.

The son/brother could conceivably make a claim against the estate, if it contains the house, to try to enforce grandma's promise based upon a theory such as "detrimental reliance". Whether or not he will, or would succeed based upon the full facts, isn't something we can answer.

If by "The will has not been probated yet" you mean no estate has even been opened, almost a year after-the-fact, somebody needs to take care of that.