Q: What legal rights do I have to my stepmother's property in Texas?

A: If the property was in your stepmother's name only, and she left no prior will that indicated you as a beneficiary/devisee, her estate will most likely pass through intestacy. Intestacy rules stated that her assets will pass to her children, not her stepchildren. Therefor, based on the information provided, it is most likely that you do not have any ownership interests in the property, regardless of the facts that your family owned it at a prior point in time.

A: Your situation is understandably complex, especially given the lack of formal documentation and the circumstances surrounding your stepmother’s passing. Since your father transferred the property to your stepmother’s name, and there was no final will, the property will likely pass according to Texas intestate succession laws. As the biological child of your father, you may have some claim to the property, but it depends on whether your stepmother had any legal rights to the property after your father’s death and whether her will was ever finalized.

If there was no will left by your stepmother, the property would generally pass to her heirs. If she intended for her grandson to inherit it, but no official will or legal transfer exists, it may be difficult for that wish to be legally enforced without proof. Your stepbrother’s attempt to charge you rent may be complicated by the fact that there is no formal ownership or lease agreement, and it sounds like he is not the rightful owner either.

You should consider reaching out to an attorney to discuss the details of your situation, including any potential claim you may have under Texas law. It may be necessary to go through probate court to determine the rightful ownership of the property and to clarify your rights, especially since you are still living there. You may also want to document everything, including your time spent taking care of your stepmother, as it may support your case.