Bee House, TX Estate Planning Law Firms & Lawyers

In Texas, property paid for before marriage usually does not become community property. The issue is that Texas homestead rights are separate from community ownership interest. A spouse has rights superior to a creditor by virtue of residing in property that the spouse does not own. The title insurance company should be able to provide a document that says he does not have homestead rights without stating that he has an ownership interest in the property. If not, you may consider shopping for a new title company.

It is difficult to answer a question like this without more complete information about the estate, and how the land will transfer in the first place. If your mother passed in July of 2013, you should still have time to "disclaim" your share of the land that might do what you want, but more information about the family is needed. You could simply deed your portion to your brother, but first you need to make sure that you are properly in title to the land, and this approach might involve a need at least to file a gift tax return. Honestly, it's land it must have enough value that it's worth hiring a lawyer to make sure things are done correctly.

In light of the fact your mother is deceased, she no longer has the power to execute a power of attorney to anyone. Powers of attorney prepared during life, die when the maker of the power dies.