Spouse rights and responsibilities of inherited property

[indebtt]

After all this ... I think I used the wrong word in the title of the thread...maybe that is what caused confusion.

I used " Inherited " instead of " Gifted "

 

[Zigner]

You are worried about the wrong thing...gifted or inherited makes no difference to your original question. Your sister-in-law has to claim to it unless your brother allows her to.

The question that has arisen relates to your step-GM's title. I tend to think that it's most likely that the property was titled in such a way that it passed directly to step-GM upon your grandfather's passing. To confirm that, you'd likely need to do some sort of title search.

 

[justalayman]

indebtt;3265219]While I appreciate the details everyone is trying to get from me to figure out intestate sharing of this.... I was thinking this was clear ownership with my brother and I at this point due to the tax office billing us and removing the step-grandmothers name off the tax rolls.

the tax rolls do not prove ownership. Additionally, they appear to be basing their billing on what sounds like it might be a series of errors.

Question : Does my brothers' wife now share responsibilities of the estate ... taxes and all.

no

 

[justalayman]

You were the one who (first) mentioned a 1/3rd interest. Up until that point, we were talking about the entire "estate" (I'm assuming that the OP meant "house" or "property" and not actually "estate.")

The OP simply responded to your suggestion that step-grandma may have only "owned" 1/3rd.

you missed this?

Her lawyer threw words like intestate at us and seemed to infer that my step-grandmother, brother and I were supposed to have been legally have equal shares of the estate and could have been or even still be, on the hook for taxes since the estate was taxed with her exemptions that my brother and I would not have had. (Being over 65, homestead, etc)

equal shares with three people would be 1/3 each.

but in addition to that, there is nothing in the division of intestate laws that would cause a equal 3 way split given the relationship.

 

[justalayman]

The question that has arisen relates to your step-GM's title. I tend to think that it's most likely that the property was titled in such a way that it passed directly to step-GM upon your grandfather's passing. To confirm that, you'd likely need to do some sort of title search.

the comments by the wife's lawyers suggests otherwise. He spoke of an intestate estate and equal shares to the wife, the OP and OP's brother.

but as I said before, I suspect it will never be known here.

 

[anteater]

you missed this?


equal shares with three people would be 1/3 each.

but in addition to that, there is nothing in the division of intestate laws that would cause a equal 3 way split given the relationship.

I think that you are beating a dead horse, jal.

The OP has not provided enough information to guess. And, moreover, he/she has stated a couple times that he/she doesn't give a damn!

 

[justalayman]

I think that you are beating a dead horse, jal.

The OP has not provided enough information to guess. And, moreover, he/she has stated a couple times that he/she doesn't give a damn!

most of the last few posts was simply to show zigner where I was getting my numbers.

 

[Zigner]

most of the last few posts was simply to show zigner where I was getting my numbers.

Fair enough.

 

[tranquility]

so why would the woman's lawyer mention inheriting 1/3 shares and the like? and if the OP and brother inherited 1/3 shares each, why is it they did not become aware of the ownership until wife transferred her remaining share?




1/3 life estate only with remainder to the child or children so, OP and brother (if only heirs) would have already each owned a 1/2 interest in the ownership interest and a 2/3 share of the life estate interest.


I suspect it's one of those questions that will never be answered, at least here.

I read it as wife has 1/3 in fee simple and also a life estate in 1/3 where the remainder goes to the owners of the 2/3. (This would be so the children cannot defease the spouse's ownership with partition.)

 

[justalayman]

I read it as wife has 1/3 in fee simple and also a life estate in 1/3 where the remainder goes to the owners of the 2/3. (This would be so the children cannot defease the spouse's ownership with partition.)

I checked several attorney's sites to attempt to verify the issue. What I am finding is the spouse gets 1/3 of the personal property. Real property they get only a 1/3 life estate.

I believe the reference to the personal estate is to personal property with the real property being dealt with in the following statement. Of course I could be wrong but that is why I referred to the Texas attorney's sites