My grandmother and grandfather had two children together. My grandfather had one child from a previous marriage. My grandmother and grandfather built a house on land my grandmother inherited. The land was never deeded to my grandfather, only my grandmother. Both my grandmother and grandfather are now deceased. Does my half- aunt have an inherited interest in the house?
inheritance law question
- Thread starter pevodog
- Start date
The Eyes of Texas
500+ Posts
If she inherited it before she married your grandfather it's all hers and the child that isn't related to her has no claim. If they were already married when she inherited it, it was half Granddad's (in a community porperty state), and so she would have a claim on his share of it.
That answer is snarky.
Do you do a search for my posts just to come be a douche to me? It seems like it.
My response was not snarky at all. I didn't want the OP taking that answer as correct, because it is not correct - or at the very least it is incomplete. We would need to have more information about the land, when the house was built, how it was built, and the timing of the deaths.
Do you have something to add or were you just trying to be a douche to me?
My response was not snarky at all. I didn't want the OP taking that answer as correct, because it is not correct - or at the very least it is incomplete. We would need to have more information about the land, when the house was built, how it was built, and the timing of the deaths.
Do you have something to add or were you just trying to be a douche to me?
The house was built in 1950 on land owned by my grandmother's parents, by my grandfather. In the mid 1950's my grandmother's parent's died. In 1959 my grandfather died. The land was never actually deeded to my grandmother till the 1970's.
Basically, my grandmothers parent's told my grandma and grandpa they could build a house 'over there'. And they did. In the 1970's common sense prevailed and my grandmother and her siblings divided up the family farm and my grandma's portion included her house. My grandfather had a daughter from a previous marriage. I know it is convoluted , but that's the way thing played out in east texas.
Basically, my grandmothers parent's told my grandma and grandpa they could build a house 'over there'. And they did. In the 1970's common sense prevailed and my grandmother and her siblings divided up the family farm and my grandma's portion included her house. My grandfather had a daughter from a previous marriage. I know it is convoluted , but that's the way thing played out in east texas.
You will definitely need to seek out a good attorney who deals in probate issues; that is a convoluted set of facts.
The reason the first answer was wrong is because inheritance is always separate property - even inheritance received while married. However, since they built the house together with community assets (or at least that's what it sounds like), it is likely that at least a portion of the house will be considered community property and the daughter would have a claim there.
The reason the first answer was wrong is because inheritance is always separate property - even inheritance received while married. However, since they built the house together with community assets (or at least that's what it sounds like), it is likely that at least a portion of the house will be considered community property and the daughter would have a claim there.
This answer isn't snarky. Good on you.
Your grandfather at one point owned 100% of the land and the house- given his spouse died. Thus- your grandfather has/had 3 benefactors- his 3 children. It doesn't matter if they are from different mothers- they are all equal benefactors.
Thus- your grandfather's total estate value needs to be divided into three. This can happen by either putting 3 names on the deeds (not a wise idea), giving it to one or two decendants and paying a value to the other, or giving land/house to one/two kids and comparable value of money or other valuables to the others. In short- all three need to receive about the same $ of value from his estate.
Thus- your grandfather's total estate value needs to be divided into three. This can happen by either putting 3 names on the deeds (not a wise idea), giving it to one or two decendants and paying a value to the other, or giving land/house to one/two kids and comparable value of money or other valuables to the others. In short- all three need to receive about the same $ of value from his estate.
NickDanger
2,500+ Posts
Not a probate attorney, but agree with JM. It SOUNDS like GF only had a surviving spouse's right to occupy the land. That expires with GF. Then it goes back to what the title is and that would depend on what the division documents dictate. I wouldn't want to guess what those docs say. But, they are the first inquiry. If they don't firmly settle the question of who owned the property, then it would require a look at the will she inherited under.
THEN, you have to look at whose funds were used to build the improvements. They were almost certainly "community" funds and that would impress rights on the GF that are greater than what he had when GM inherited. He (the community estate) gets credit for that investment in the value of the property. Kinda hard to value, but not impossible.
The whole question is moot if the GF had title from GM's estate and the division docs don't say differently. If that is the case, the offspring take equally.
These are just spitball opinions.
THEN, you have to look at whose funds were used to build the improvements. They were almost certainly "community" funds and that would impress rights on the GF that are greater than what he had when GM inherited. He (the community estate) gets credit for that investment in the value of the property. Kinda hard to value, but not impossible.
The whole question is moot if the GF had title from GM's estate and the division docs don't say differently. If that is the case, the offspring take equally.
These are just spitball opinions.
HoustonHorn93
250+ Posts
DISCLAIMER: This information is provided for informational purposes only. This information is not intended to provide legal advice or invite or create an attorney-client relationship. You are strongly encouraged to seek the advice of a qualified attorney.
Based on your posts I'm working with the following information:
Grandmother inherited land from parents.
Grandmother and Grandfather built house on said land.
Grandmother and Grandfather had two children together.
Grandfather had child from prior marriage.
Grandfather died in 1959 without a will.
Grandmother died in 2001 without a will.
The question is who gets the land and who gets the property?
Generally inherited property is considered separate property. There are ways to negate this presumption but it's highly unlikely that occurred here given what you've described. Thus, under Texas intestate laws (i.e. when you die without a will) the land goes to the grandmother's two children.
The house was likely built using community funds. When a spouse dies without a will and with children not from the surviving spouse, Texas intestate laws dictate that half goes to the surviving spouse and the remainder of the estate goes to the children equally. Additionally, the surviving spouse receives a life estate in any land/property. So, with respect to the house, once your grandmother passed away, the life estate expired and the house passes like this:
Child 1 (Grandfather's from previous marriage) gets 16.66% or 1/3 of Grandfather's 50% of the house.
Child 2 & 3 (Grandfather and Grandmother's joint kids) get 41.66% each or 1/2 of Grandmother's 50% and 1/3 of Grandfather's 50%.
Of course, the practicalities of splitting the land and the house are often not worth the effort or trouble and it's simple to essentially buy-off the child from the first marriage and give them a small piece (i.e. the 16.66%) in the house just to resolve the matter.
Again, I strongly encourage you to seek the advice of an attorney that can look over everything. I've made a few assumptions in here based on what's usually the case in these situations but of course every situation is unique.
Based on your posts I'm working with the following information:
Grandmother inherited land from parents.
Grandmother and Grandfather built house on said land.
Grandmother and Grandfather had two children together.
Grandfather had child from prior marriage.
Grandfather died in 1959 without a will.
Grandmother died in 2001 without a will.
The question is who gets the land and who gets the property?
Generally inherited property is considered separate property. There are ways to negate this presumption but it's highly unlikely that occurred here given what you've described. Thus, under Texas intestate laws (i.e. when you die without a will) the land goes to the grandmother's two children.
The house was likely built using community funds. When a spouse dies without a will and with children not from the surviving spouse, Texas intestate laws dictate that half goes to the surviving spouse and the remainder of the estate goes to the children equally. Additionally, the surviving spouse receives a life estate in any land/property. So, with respect to the house, once your grandmother passed away, the life estate expired and the house passes like this:
Child 1 (Grandfather's from previous marriage) gets 16.66% or 1/3 of Grandfather's 50% of the house.
Child 2 & 3 (Grandfather and Grandmother's joint kids) get 41.66% each or 1/2 of Grandmother's 50% and 1/3 of Grandfather's 50%.
Of course, the practicalities of splitting the land and the house are often not worth the effort or trouble and it's simple to essentially buy-off the child from the first marriage and give them a small piece (i.e. the 16.66%) in the house just to resolve the matter.
Again, I strongly encourage you to seek the advice of an attorney that can look over everything. I've made a few assumptions in here based on what's usually the case in these situations but of course every situation is unique.
HoustonHorn - Good information. The parts that confused me were that the "inheritance" of the land didn't happen until after the house was built, and was not deeded until the 70s. So if the house (community property) was built before the inheritance event (great grandparents death), does that make the inheritance community property?
HoustonHorn93
250+ Posts
Good question. I was actually thinking about that some more last night in bed (the curse of being a lawyer). A decent argument could be made that the 1970's conveyance should never have occurred and instead the land originally passed when the great grandparents essentially gave the land to the grandmother and grandfather jointly by saying they could build a house over yonder. I know that if I represented the child from the first marriage and we were talking about some valuable land in East Texas (not an oxymoron when you consider potential mineral rights) I'd make that argument. This is something that has the potential to get very sticky. Thus my original suggestion to go ahead and buy-off the aunt by giving her an interest in the land as well.
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