Is half of parents home mine?

[lilliepoll]

My dad passed away in 2003 an my mom in 2004.My brother had POA for her for the last year of her life even though she lived with me almost all of that year.During that time he entered into a lease/purchase agreement with his wife's sister to purchase my parents debt free home.There was no will and when she passed we never probated the estate because of the low value.It is my understanding because we are the only heirs that the house belongs to both of us.I have never received any of the income from the house.What I would like to know is do I own half interest in the house? My husband is retiring this year and we are wanting to downsize. I would like to have the house for our home and am planning to offer to buy out his half.I don't know what kind of agreement he made with the tenants and wonder if there is a way to break the contract with them.I don't think there was a down payment made,only a rent to own agreement which,knowing my brother,was probably written up by him.

 

[lilliepoll]

I forgot to mention that I am in Texas.

 

[lwpat]

You need to go to the courthouse and get a copy of the chain of title for the house. You made a mistake in not probating the estate. That is the only way your mother's interest, if she still had one, could be transferred to you. You also need to see if the lease/purcahse agreement was recorded.

Depending on the value, you may want to file for probate now and request to be named the PR. Then you can demand the records on the lease/purchase. The POA ended at your mother's death. Be prepared for someone to be very unhappy with you.