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Old 09-13-2016, 01:37 PM   #61
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Originally Posted by Bamaman View Post
It's time for the mother to go and have a proper will signed, wittnessed and notarized. Hopefully the will has her wishes in it--without input from the youngest son.

If you get down to it, probate is where a judge gives the executor the authority to sign for the estate in the case of transferring and/or liquidating ownership of assets--after taxes and liabilities are paid. Most often, the assets are real estate based as savings accounts and retirement accounts can be excluded from the estate and "beneficiaries" noted on the accounts.

When the first spouse dies, a proper will has a right of survivorship and the real estate is transferred into the surviving spouse's name exclusively. The deed should also have read "with right of survivorship" already.

If someone's very wealthy, the tax man wants to be paid his very large share of the estate within 9 months of the last living person's death--in cash. That's why large farmers and independent business owners need great wills and large life insurance policies.

With right of survivorship is separate than what the OP posted... it is held jointly, but not WROS.... it does not automatically go to spouse... spouse can put in their will anybody they wish to own their property...
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Old 09-13-2016, 02:45 PM   #62
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But in Texas that does not mean anything... looking it up ex ux just means 'and wife'...

So your dad can leave his half of the house to anybody, but mom has a legal right to live there as long as she wants...

But, since he did not have a valid will... here is what the web says on who inherits...
a spouse and children who are also the children of your spouse

spouse inherits all of your community property, plus 1/3 of your separate personal property and the right to use your real estate for life children inherit everything else
SOOOO, even without a will, your mother would get the house... now that SHE owns it, she can do whatever she wants.... if she wants to leave it to youngest son, she can... so there is no reason to have this fake will.... unless there is separate property involved....



Intestate Succession in Texas | Nolo.com
I understand. I was answering someone else's question about how the property was titled.

No doubt in Texas a spouse can will their portion of community property (in this case, exclusively real estate) to anyone they wish but in the absence of a will the surviving spouse would be first in line, followed by children from the marriage, followed by children brought into the marriage.

I'm sure the youngest son saw this as an opportunity to have himself declared the beneficiary of his fathers share. Thus the bogus will.

I really like the idea of a Transfer Deed on Death, makes it as simple (and valid) as declaring beneficiaries for insurance, brokerage and retirement accounts.
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Old 09-13-2016, 03:30 PM   #63
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I understand. I was answering someone else's question about how the property was titled.

No doubt in Texas a spouse can will their portion of community property (in this case, exclusively real estate) to anyone they wish but in the absence of a will the surviving spouse would be first in line, followed by children from the marriage, followed by children brought into the marriage.

I'm sure the youngest son saw this as an opportunity to have himself declared the beneficiary of his fathers share. Thus the bogus will.

I really like the idea of a Transfer Deed on Death, makes it as simple (and valid) as declaring beneficiaries for insurance, brokerage and retirement accounts.

But, if the wording is what you say then he did not do what he needed... IOW, IIRC you said it was willed to wife and upon her death to young son... but, that cannot happen... once it is willed to the wife then she has 100% control over it... which, without a will she has anyway...

Now he will have to convince mom to will it 100% to him or he is out of luck...
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Old 09-13-2016, 05:50 PM   #64
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But, if the wording is what you say then he did not do what he needed... IOW, IIRC you said it was willed to wife and upon her death to young son... but, that cannot happen... once it is willed to the wife then she has 100% control over it... which, without a will she has anyway...

Now he will have to convince mom to will it 100% to him or he is out of luck...
Oh, got it! Yeah, I think he knew what he wanted to do but he didn't even come close to accomplishing it.
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Old 09-13-2016, 06:17 PM   #65
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Oh, got it! Yeah, I think he knew what he wanted to do but he didn't even come close to accomplishing it.
PLUS, he showed his hand to the rest of the family....

And now action will be taken...


The problem I see is that mom will probably let him stay in the house until she is gone... and she might live another 20 years or more... so in a sense he is going to get what he wanted but piss off the rest of the family doing it this way....
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Old 09-13-2016, 10:35 PM   #66
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I guess the remaining question is whether youngest son will pay a price for his duplicity and deceit. Probably not, but one can always fantasize.
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Old 09-14-2016, 09:17 AM   #67
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My sister attempted something similar and paid a price.
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Old 09-16-2016, 07:11 PM   #68
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Looking4Ward, any update?
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