The deed is listed as her name. She didn't have a will and she had one child, who said he would waive all rights to me.
Keep in mind that there is a difference between ownership and a community property interest. She owned the house but, depending on the circumstances, you likely have a community property interest in it if, during your marriage, your incomes were used to support the house.
I'm going to assume that the house is community property for the purpose of this response.
According to the Texas Property Code, Chapter II, Section 45 (2)(b):
- On the intestate death of one of the spouses to a marriage, if a child or other descendant of the deceased spouse survives the deceased spouse and the child or descendant is not a child or descendant of the surviving spouse, one-half of the community estate is retained by the surviving spouse and the other one-half passes to the children or descendants of the deceased spouse.
That means you share your wife's estate with her child.
If the child wanted to keep the house, the child would have to pay you the equivalent of half the equity in the house that had accumulated during the marriage.
But, since the child is willing to disclaim its inheritance, let's move on to Chapter II, Section 37A which describes the procedure for disclaiming an inheritance. You must read this section very carefully and follow it to the letter, especially the part about the form and filing of the disclaimer. It's a long section so I'm just providing a link to it:
You are likely to need a lawyer in TX to set this up properly for you.
Keep in mind that AR (I believe) has an unlimited homestead exemption for a home you use as a residence. But if you get the home in TX and you live in AR it's likely that it would not be exempt and you would have to sell it once you got it and use the proceeds to pay down creditors.
Talk that over with your lawyer.
It might not be worth the time and cost of getting it if you just lose it.