Rights of Home and Personal Property

[CLJM]

What is the name of your state?What is the name of your state? Texas
My husbands parents bought a home in the early 60's.
Parents had two sons.
Parents divorced and home was to be sold and Father was to be given his personal belongings.
Home was not sold nor personal belongings given to the Father.(most especially 2 heirloom plates from his family)
Mother continued living in the home and remarried.
Father died in the 70's intestate.
Mother's husband of remarriage died in 1995.
The two sons were never allowed in the home, nor given their Fathers' personal belongings nor their own personal belongings.
My husband's Brother died in 2002, now only leaving my husband as the 1 son left. ( the brother has 4 children)
Mother now is selling the home and apparently needs my husband to sign a "waiver" for the sale closing to take place and so all monies can be remitted to her.
What are my husband's rights as to the home...the waiver....the personal belongings of his Father (most especially the 2 heirloom plates from his family) ...and his own personal belongings ?
Thank you kindly for yor responses. Sincerely, CLJM

 

[divgradcurl]

What are my husband's rights as to the home...the waiver....the personal belongings of his Father (most especially the 2 heirloom plates from his family) ...and his own personal belongings ?

Your husband probably has no rights at this time -- it's simply been too long since everything has occurred. However, it might be worthwhile to sit down with a local attorney, who can review all of the relevant facts and advise you accordingly -- maybe there is still something that can be done, but I wouldn't count on it.

 

[CLJM]

So...are you saying then, in your opinion, he HAS to sign the WAIVER ? If that be the case, and there is no recourse, why did the "waiver" issue even come up?
I believe the "waiver" issue came up because the sale of the home cannot take place until there is a clear title, hence, I surmise is why they are asking for my husbands signature----so, in fact, everything has not "occurred" yet. I believe they are asking for the waiver to be signed to forfeit (waive ) my husband's right of percentage of ownership and monies that may be due to my husband's ownership. Thank you so kindly. Sincerely, CLJM

 

[divgradcurl]

So...are you saying then, in your opinion, he HAS to sign the WAIVER ? If that be the case, and there is no recourse, why did the "waiver" issue even come up?
I believe the "waiver" issue came up because the sale of the home cannot take place until there is a clear title, hence, I surmise is why they are asking for my husbands signature----so, in fact, everything has not "occurred" yet. I believe they are asking for the waiver to be signed to forfeit (waive ) my husband's right of percentage of ownership and monies that may be due to my husband's ownership. Thank you so kindly. Sincerely, CLJM

No, that's not what I said. And there are many reasons why a waiver might come up -- for example, even if your husband has no rights to the property (due to statute of limitations problems, for example), by explcitly waiving any interest, you avoid the possibility of having to defend yourself against a bogus lawsuit later on -- the waiver is likely something demanded by the title company, and certainly doesn't mean that your husband has rights. But nobody can really give you a complete answer without looking at ALL of the relevant facts of the situation -- that's why I suggested talking to a local attorney, who will have all of the facts available and will be in a better position to make a determination as to what rights, if any, your husband may have.

 

[CLJM]

Thank you again for your response. I was not aware there was a statue of limitations for forfeiture of real property rights, even moreso as my husband had no knowledge of it. My husband has never been privy to any information, even "way back when", due to the fact he was serving in Vietnam when his parents divorced and also when his Father died. This information just came to light because he was asked recently to sign the waiver on the percentage of ownership and thereby that waiver will forfeit his percentage ownership monies.
And, may I ask, if you please, what you meant by " the possibility of defending a bogus lawsuit later on " ? Thank you.

 

[divgradcurl]

And, may ask, if you please, what you meant by " the possibility of defending a bogus lawsuit later on " ? Thank you.

If the statute of limitations has indeed run, then whoever buys the property would have a good defense against your husband, should he try and sue the buyers to recover his portion of the property -- but who wants to buy a piece of property with that hanging over their head, even if they could easily defend against it? Buy getting your husband to specifically disclaim any rights to the property, the buyers can be assured that the title is indeed clean, with nobody lurking to try and take their poperty away from them. This is probably a requirement from the title company, who would be the ones on the hook to defend such a lawsuit if one came up.

 

[CLJM]

Thank you...and, yes, I do see your point that a buyer would not want to pay money for property not free and clear, but I do not understand that IF they were to go ahead with the sale, how they could possibly "easily defend" their ownership against someone who does apparently have a percentage of "rights" to it--- To that end, how could a closing settlement even take place, because without clear title, property cannot be passed into anothers name ? Also, in being asked to sign a waiver to faciliate a clear title, isn't that the same as one waiving their rights to part ownership ? ( such as, "waive rights in lieu of") And, do you know the statue of limitations in Texas ?...and, if their are heirs to real property, what if they do not know they are heirs to real property?

 

[CLJM]

I just wanted to give an " UPDATE" on this situation. My husband did indeed have rights on the real property by way of being his Father's heir. The requested signature of the waiver was to waive his 25% share. Interestingly enough, since the parents divorce degree ordered the home to be sold and proceeds distributed, and the mother chose not sell, the father's name remained on the title and the mother never changed it after his death----this all led to the Father still retaining his 50 % ownership which was passed to his two sons, my husband being the sole remaining son. My husband chose to excercise his rightful 25% ownership and received his 25% share at the home's settlement closing. He is choosing to invest this amount for such a time that his Mother may need help with her care.
Thank you all for this wonderful forum.....although the forum advisors answer was incorrect, in that her/his opinion was a doubtfulness to any rights, I knew enough to ask the right questions and research the correct documents on my own.