QUESTION:  My brother died intestate in 2001.  He owned a home jointly with his wife (now age 60).  They have an adult son and daughter elsewhere in the country.  The 3 of them now own the house jointly, but only the mother resides therein.  Its worth is under $200,000.  The mother & daughter now want to sell the house ASAP but the son's whereabouts are unknown.  All e-mails & phone calls to the last presumed addresses go unanswered.  We have reason to believe he is quite well off & doesn't care for his interest in the house.  We believe he should be physically present, or give his power of  attorney to someone, in order to complete the sale.  What can the mother & daughter do to be able to sell the house without the son's participation?  They are ready to leave his interest in the sale proceeds in any escrow until he claims it . 

ANSWER:  Based on the information you have just given, unless there is some addt'l information you left out, your brother's wife OWNS THE REAL PROPERTY TOTALLY! (Texas is a community property state).  The Texas Laws of Descent & Distribution (the effect of not having a will or dying intestate) pass all real property on to the surviving spouse.  Neither the son nor the daughter has to sign anything.  We do recommend, however, your sister-in-law and her daughter hire the serives of a probate attorney to review the wife's situation & to represent her in the probate hearing.  (This article from the column of George C. Stephens & Charles J. Jacobus, real estate attorney)