A potential client comes into the office and relates the following facts:

The potential client, Mary Smith, is the niece of Amy Jones.

Amy Jones owned a house. She died intestate (without leaving a will) in 2013. She was a widow without children. When Ms. Jones died, her mother, Susan Mellott, was still living.

Ms. Smith indicates that she and Ms. Jones had an agreement. They agreed that if Ms. Jones died before her mother that Ms. Smith would care for Ms. Mellott, Ms. Jones' mother, in Ms. Jones' house until Ms. Mellott died. They agreed that, as Ms. Smith was her niece, and in exchange for taking care of her mother, the house would become the property of Ms. Smith when Ms. Mellott died. Ms. Smith performed as agreed.

Ms. Mellott died in 2015. She left a will leaving the house to Ms. Smith.

Janet Hinds and Bailey Fitchett are the sister and brother of Ms. Jones. Ms. Jones, Ms. Hinds, and Mr. Bailey have different fathers. Ms. Hinds and Mr. Bailey are claiming the house as theirs.

Ms. Smith would like the attorney to bring an action putting the house into her name, free of any claims of Ms. Hinds and Mr. Bailey.

The attorney asked you to review the relevant statute and in no more than one or two paragraphs let him know if this action would be successful.

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V.T.C.A., Estates Code 201.001

201.001. Estate of an Intestate Not Leaving Spouse

(a) If a person who dies intestate (without leaving a will) does not leave a spouse, the estate to which the person had title passes to the person's kindred in the order provided by this section.

(b) The person's estate passes to the person's children and the children's descendants.

(c) If no child or child's descendant survives the person, the person's estate passes in equal portions to the person's father and mother.

(d) If only the person's father or mother survives the person, the person's estate shall:

(1) be divided into two equal portions, with:

(A) one portion passing to the surviving parent; and

(B) one portion passing to the person's siblings and the siblings' descendants; or

(2) be inherited entirely by the surviving parent if there is no sibling of the person or siblings' descendants.

(e) If neither the person's father nor mother survives the person, the person's entire estate passes to the person's siblings and the siblings' descendants.