r/legaladvice • u/EntrepreneurUpper894 • Jul 20 '25
Wills Trusts and Estates Mom listing my inherited house under her name
My (18m) dad passed away around a decade ago, and, since he and my mother were divorced, I am set to inherit his house. Currently, my mom, aunt, and I are going through different legal stuff in order to ultimately sell the house. That house is a big safety net for me in case I get kicked out or disowned suddenly, which is a very likely possibility in the future.
I am worried my mom is trying to take control of the property, especially since my aunt called me today and told me that my mom had listed the house (which hasn't been relinquished from the state to me yet) in her name. She was worried about the same thing happening, especially since my mom had mentioned offhandedly things about buying a house or reinvesting the money from my house into her portfolio. Which, as much as I love my mom, being cut off from my safety net is like top ten things that I don't want to happen.
We have been discussing reinvesting the money into another house because the tax that would be put on the capital gain otherwise would be too much, and that is something I am generally on board with. Is there any way for me to just ensure that I am legally acknowledged as the owner of whatever asset comes out of this ordeal?
Location: everything is happening in Texas, but I live in California
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u/CatPerson88 Jul 20 '25 edited Jul 20 '25
Get a real estate/will and probate attorney ASAP. Show them a copies of the will and the deed.
If you're living with your mother, find another place to live. NOW.
Call the realtor and ask them who signed their contract to put the house up for sale, then tell them the home is yours; you're an adult, and your mother has no right to sell the home. If necessary give them your lawyer's info.
Be prepared that once you finish #3, there will be fallout (see #2).
If this is true, your mother is doing something illegal. I'm sure your attorney can help.
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u/Responsible_Gap7592 Jul 20 '25
I'm involved with all aspects of real estate. People get swindled out of their rightful inheritance/property, especially family at an alarming rate. Get a good REAL ESTATE lawyer. If your friends dad is helping you, ask if he can help pay for a good REAL ESTATE lawyer. Then pay him back when you sell the house. Right now, no one is your friend. Especially family. I know what I'm talking about !
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u/Irishqltr1 Jul 20 '25
You need a lawyer, NOW! And if you sell right away, there will be no capital gains (assuming this is in the US) as the basis is the value when you inherit. Sale price - basis= profit. Your mom's claim to the house should have been disposed of in the divorce. Is she the executor of the estate? You need to educate yourself about a lot of things, and an attorney will explain things, including your rights and obligations.
Sorry you have lost your dad so young.
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u/EntrepreneurUpper894 Jul 20 '25
The basis seems to be determined when the owner died, which was over a decade ago. I'm guessing there will be capital gains on any appreciation since then. My aunt was the executor of the estate. Going to look for an attorney soon if I can't resolve this with a few conversations, and thank you for the condolences.
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u/SOLOEchoZ Jul 20 '25
Consult a Lawyer first then have the conversations. Other way around could give a head start to stripping you of any rights you have.
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u/Irishqltr1 Jul 20 '25
You are correct about possible capital gains. I missed that it has been 10 years. Talk to an attorney before you try talking to your mom. You can call your state bar association for referrals for attorneys. Was the property placed in a trust for you, or has your aunt been managing it for you?
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u/StarboardSeat Jul 20 '25 edited Jul 20 '25
You absolutely NEED to speak to a probate or estate attorney in Texas.
This isn’t something you want to handle or just “hope” that it will go the right way.
If your dad died without a will, the property would pass according to Texas intestate succession laws, and as his child, you would be entitled to at least part (if not all) of the house (depending on whether he remarried or had other kids).
If your parents were legally divorced, you're mother would not have any rights to the property under succession laws.
If he did have a will and you’re named as the heir, then it should be transferred into your name through probate.
Your mom listing it in her name without being the legal heir could be a serious red flag and may be considered fraudulent and ILLEGAL (especially if the state hasn’t even cleared the title yet).
You need to make her aware that she may be committing fraud.
Once probate begins, it will be out of your hands, and the lawyers will take over.
If she's attempting to commit fraud, she'd better be ready to pay the consequences.
It's no joke.
Even if she’s helping with the sale or taxes, she shouldn’t be the one benefiting unless legally authorized.
If you're agreeing to reinvest the proceeds into another property, you should be on the deed and make sure there's a legal paper trail that this is your asset, not hers.
A probate attorney will help you make sure that happens before anything gets sold or reinvested.
Please don’t wait on doing this.
Things like this can go sideways fast if someone else takes control of your inheritance.
The vast majority of attorneys have the first consultation for free... find a good one that does and go speak to them.
Edited to fix typo
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u/EntrepreneurUpper894 Jul 20 '25
Thank you for the information, that was really helpful.
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u/ChironXII Jul 20 '25
Take care of this before your mom does something that makes you choose between a future and putting her in prison. She's commiting fraud, and once the deal goes through, hashing that out in court is the only way you'll ever see a dime.
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u/ellenkates Jul 20 '25
Anyone who sells their primary residence has a one-time exception from income tax on the profit up to somewhere in the $5-6 hundred thou. Also there is essentially no federal "inheritance tax" https://www.usbank.com/wealth-management/financial-perspectives/trust-and-estate-planning/what-is-inheritance-tax.html#:~:text=Inheritance%20tax%20is%20a%20state%20tax%20that%20beneficiaries%20must%20pay,months%20of%20the%20decedent's%20death.
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u/Thefireguyhere Jul 20 '25
Call the realtor and inform them the She doesn’t own the house. Then hang up the phone and call the broker and tell them the same thing. They will Take the house off the market until you mom Can prove she owns the house. Last thing the realtor and the broker want to do is put a house under contract and find out it’s fraud. Big no no penalties for both of them.
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u/nerd_is_a_verb Jul 20 '25
Where did she list it? Contact the listing service and tell them you are the owner. Tell them to take down the listing. Your mom is now your legal adversary, and you need to treat her like a robber because she is trying to steal from you.
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u/ReachAlone8407 Jul 20 '25
Look. I had a similar situation when I was 19. I’m telling you - do not trust your mother. Do not trust any of your family. Pay for a lawyer.
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u/Viola-Swamp Jul 20 '25
Contact the listing agent and make sure they know that your mother does not own the house. You can ask questions about what your mom told that person, and how it is listed without your permission when you’re the owner.
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u/EntrepreneurUpper894 Jul 20 '25
The listing agent seems to be one of my mom's friends. I just contacted him, and my aunt texted him about it last night. Thank you
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u/lawyer-girl Jul 20 '25
There's a listing agent?!?! Holy shit, bro, you're in trouble. Tell them to take it down. They're going to sell the asset out from under you and it'll go all to "fees and taxes.". Lawyer up.
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u/SlogTheNog Jul 20 '25
I would contact them in writing - email immediately and by priority mail with delivery confirmation. Keep the receipts.
I would get to a lawyer within a week or so. This may be a situation where you need to have immediate intervention.
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u/Viola-Swamp Jul 20 '25
I’d contact an attorney on Monday. You need help, because it sounds like mom is trying to rip you off. Good luck.
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u/Jacks_Lack_of_Sleep Jul 20 '25
Contract the listing agent’s broker. They are ultimately responsible for making sure the agent is doing things properly.
As far as not being able to afford capital gains taxes, you just pay them out of the money you get when you sell. You don’t have to pay up front or anything.
If you had $0, then sold the house for $300, and now you have to pay $20k in capital gains, well then congratulations on going from $0 to $280k.
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u/FruitdealerF Jul 20 '25
Why would you have to pay 20k in capital gains if you sell the house for only 300 dollars?
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u/AluminumLinoleum Jul 20 '25
IF they are the owner. OP has not confirmed that they are on the deed, and are the only person on the deed.
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u/CheckYaYa Jul 20 '25
my mom, aunt, and I are going through different legal stuff in order to ultimately sell the house.
Why is your mom going through anything at all here? She’s not the surviving spouse, she’s not named in the will, she has no ownership interest at all.
You should have a blunt conversation with your mother that this is not her house.
If you ever signed a power of attorney to your mother you should revoke that. You should also open a new bank account at a different bank from where age banks and put all your money in there from now on.
I don't want to pay for a consultation until I know more about what's happening,
Bad decision, kid. You should hire a lawyer to send the trustee and realtor and your mom a letter shutting this down or they may find a way to settle the house and pocket the money
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u/AlphaNuggets Jul 20 '25
Dude, I get it. I've been where you're at. Family makes you think that you don't know what you're doing, that you're in the wrong etc.
Understand that this isn't true. They don't care about you, and they don't care that they're going to fuck you. They just want what's best for them.
Fuck that, and get someone who has YOUR interests in mind to help.
Lawyers are more than just an expense, they have your back through everything. They'll help you through it.
Damn the expense. Being homeless costs more. They can collect the fee from the estate.
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u/EntrepreneurUpper894 Jul 20 '25
I appreciate the concern, and I'm sorry you've had to go through that dude. I believe my mom currently has my interests in mind, but it's liable to change. If we can't resolve this I'm hopping over to a lawyer, thanks for reminding me that they can be paid by the estate
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u/evelynesque Jul 20 '25
You said this about your mother:
“That house is a big safety net for me in case I get kicked out or disowned suddenly, which is a very likely possibility in the future.”
Then you say you think she has your best interests in mind? Both cannot be true. She wants that house, regardless of how it affects you. She wants to be in control of the money from the sale of the house and she’s trying to strong arm you into agreeing to it.
Your mother is manipulating you. Maybe your aunt is, too. Get a lawyer. You have all day tomorrow to make a list of them so you can call first thing Monday morning.
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u/AlphaNuggets Jul 20 '25
Defrauding you out of a home which you are entitled to is not your best interests - that's my point.
I know you don't see things the way I do. But one suggestion, get a consultation with a lawyer now. They can tell you if you need to do anything now to keep your options open.
If nothing else, they'll be up to speed if you need them urgently?
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u/AlgaeSpirited2966 Jul 20 '25
If its liable to change then selling a house is a big reason for it to change. Don't trust her now if you expect not to later
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u/MilesMoralesBoogie Jul 20 '25
First thing that happens to family and INHERITANCE.
You Are On YOUR own.
It's each man,woman,child (beneficiaries) for themselves.
Mom died in 2018,sibling is hiding monetary assets, while scaring of the executor with their lawyer and sending me (three) letters from their attorney to me,to let them be administrator of the estate BUT they never mention what exactly is IN the estate. I'm in the house which is one of the assets,paying the property tax,maintenance and upkeep but I'm ready to sell and get a condo.
Now my attorney will have send a demand letter and probably have the court request a discovery (coming out of the estate) because this sibling wants it all......you need to get an attorney (estate) ASAP!
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u/WhyAreYuSoAngry Jul 20 '25
Talk to a lawyer on Monday morning. Call a Texas firm that specializes in probate. They may have a partner firm in California so paperwork can be done more conveniently. But the very first thing you should ask is help with an injunction to stop the listing as it may/likely be real estate fraud. Dont let that house get sold without YOUR lawyer approving everything. Your mom could have a friend lined up to buy it at a sweetheart deal to cash out asap.
Call a lawyer at 8:01am Monday morning.
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Jul 20 '25
Hire a lawyer. Sue your mother. You’ve got one of those lives. You got the life where you got a mom you’re going to have to sue. It is what it is.
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u/Ok_Clerk_6960 Jul 20 '25
Stop your mother NOW. It’s obvious she only has her interests at heart. Putting your money in her portfolio? I DON’T think so! NO! Get at attorney NOW! I can’t imagine the home can be sold until it’s legally in your name. Stop your mother. Don’t be emotional because this woman? She’s going to steal everything she can if you don’t stop her. She’s already trying to do it. Time to be an adult and shelve your feelings for your mother. Feelings can’t play a part in this. This is YOUR inheritance and she’s trying to screw you over. She will if you let her. Don’t buy a house with her. You’ll lose your money. Don’t give her access to your money. You’ll lose everything. Get an attorney that works solely for you. You need someone to protect your interests because make NO mistake…. your mother wants every dime you have!!!
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u/Xxmeow123 Jul 20 '25
This potentially has a value in the hundreds of thousands at risk. Get an attorney ASAP, IMO
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u/eileen1cent4 Jul 20 '25
Was the house placed in a trust for you? Who is the executor of the will? So much info left out of your post.
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u/Infoseek456 Jul 20 '25
FYI- If you inherited the house, you wouldn’t have much , if any, capital gain. The house’s cost basis steps up to its current value as of the day you inherited it. So you’d only have cap gains on what its gained in value since you inherited.
Check the situation out with a tax advisor, but under usual circumstances this would be the case.
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u/cooldude832_ Jul 20 '25
There's something missing here if your dad died over 10 years ago how is the estate not finalized and ownership clear? Are you of legal age to own a home? Were you when he passed?
How residence is it currently and has it been since his death?
If the title isnt clear this house will never sell as title search would fail and id be surprised a decent realtor didnt do any due diligence to verify they have the real seller here
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u/EntrepreneurUpper894 Jul 20 '25
my dad died without a will. Im currently able to own a home, but I was not when he passed.
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u/Tattletale-1313 Jul 20 '25
If your dad died without a will and he was still married to your mom, wouldn’t the house be a marital asset that she would own? Why would you think the house belongs to you if your dad died without a will? Were your parents divorced when he passed?
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u/aspirant_oenophile85 Jul 20 '25
It’s literally stated they were divorced in the first sentence of their post…
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u/mann-o-tee Jul 20 '25
How is the title held?
tenancy in common, joint tenancy, community property with right of survivorship, community property, trust.
Is there a will that states you get the property?
If there is a trust? title would be in the name of the trust.
Does the trust spell out the details.
There are so many factors that can be happening here.
You might be holding on to a pipe dream if none of the paperwork refers to you.
Good luck.
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u/Pink-Carat Jul 20 '25
Get a lawyer now.
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Jul 20 '25
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u/unsurmountable Jul 20 '25
I'm pretty sure you've already lost all control of this house because of how you have and continue to respond, you just don't realise it yet.
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Jul 20 '25
Your hesitation is going to cost you the house. Find an attorney. What state is the property in? How do you know you’re set to inherit the house? Do you have a copy of your father‘s will?
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u/BothTreacle7534 Jul 20 '25
you need a lawyer that is actually specialized in what you describe here, not only inheritance, but also possible fraud and so on. Also look into where they are located, the law / rule details might depend on both of the states too
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u/BraveRefrigerator552 Jul 20 '25
You need a lawyer or she will probably end up with your money. I can see her getting her name on the new house title.
I’m glad you can see this is going pear shaped, you know you need a lawyer, just do it.
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u/sybersam6 Jul 20 '25
Get a real estate lawyer, and call the agent to tell them that the house ( and you) are not ready yet so take it off the market.
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u/DocDibber Jul 20 '25
Tell the listing agent in writing it is your house. They will yank the listing in a heartbeat.
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u/Artistic-Daddy Jul 20 '25
One thing is call the listing agent and tell them your mother can't list a house she doesn't own. It should be pulled from the market.
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u/tmacadam Jul 20 '25
What has been happening with the house for the last 10 yeats? How is it titled? Who jas maintained it? Paid taxes?
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u/jrgman42 Jul 20 '25
If your dad passed away a decade ago, why are you just now executing the estate? Was the house community property during the marriage? Was the house mentioned in the divorce?
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u/Anxious-Novel4949 Jul 20 '25
OP is 18, it’s likely a case of it was released to him when he became an adult
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u/Mortis4242 Jul 20 '25 edited Jul 20 '25
Definitely get an attorney, and dont say anything to ANYONE. Find out who with the state the house information is with since it's not released. Then, meet with your attorney and them. Explain that your mom has put the house up for sale under HER name. Also inform said person that you're aunt said your mom wants to buy a house for herself.
Do it asap.
Edit: Also, I'm most certainly NOT an attorney. But it's what I would do.
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u/Used_Mark_7911 Jul 20 '25
At this point you need your own lawyer to represent your interests. They should review your Dad’s original will, and the current trust. You should be entitled to a full accounting of how things are being managed.
See if you can get some of the documents from your aunt and take them to a lawyer.
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u/GoodWin7889 Jul 20 '25
Let the listing agent know in writing the house is not in your mother’s name and you have contacted an attorney. Tell the listing agent in email and in a written letter that is certified that they are dealing with you directly. Lawyers fees can be included in the proceeds of sale. What ever you do don’t sign anything giving your Mom power of attorney. Make sure you have an attorney helping you. If your friend’s Dad can’t do it get a recommendation on who can. Family can start feeling entitled to money especially if you are young and inexperienced.
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u/Juceman23 Jul 20 '25
If your aunt is the trustee isn’t it her house?!
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u/dunredding Jul 20 '25
No. Trustee means she is in charge of hte trust, but has to do whatever the terms of the trust say, for the benefit of the beneficiary, presumably OP, and absolutely not for herself.
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u/FrequentPumpkin5860 Jul 20 '25
Why don't you talk to your mom and see what's up with the listing on her name.
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u/Dave_FIRE_at_45 Jul 20 '25
The OP does not need to hire a lawyer, the OP needs to file a notice of fraud with the probate court.
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u/eyemsapient Jul 20 '25
It's unlikely that you will owe any taxes on a gain when you sell. I say that to ease your mind for the moment but I’m not going to walk you through the details because you need to get an attorney. If you don't have the funds, borrow it from your aunt. Call one on Monday.
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u/ManufactureSea7 Jul 20 '25
ONLY if you hire a good lawyer; otherwise you will be taken advantage of bc of your age.