Legal Question in Real Estate Law in Texas
Changing Name on Real Estate from a Will
My mother passed away about 13 years ago. She and my grandmother built a house together and paid cash. There has never been a mortage. When my mother passed away she left it to myself and 2 brothers. I wanted to take out a loan at the bank to have repairs done as my grandmother still lives there. The bank is saying no as it is not in my Grandmothers name even though the taxes on the property are in my Grandmothers name and will not give the loan.
What step do I have to do to get it transferred into mine and my brothers name so we can have the repairs done. Any advice would be greatly appericiated so we can have the repairs done. Thank you.
Jane
2 Answers from Attorneys
Re: Changing Name on Real Estate from a Will
When you say that your mother 'left' the property to you and your siblings, how did she do so? Is there a will? If so, was it probated? Sometimes the taxing authority may fail to catch a probated will, and a letter with a copy of the court order will fix the problem.
If there is no will, or if the will was not probated, then perhaps you can demonstrate title by an affidavit of heirship (an instrument filed with the county clerk detailing your familial history).
Please let me know if there is anything else.
Re: Changing Name on Real Estate from a Will
If there is a will, you should contact an attorney about probating the will as muniment of title. Since 13 years have passed, presumably the estate has no debts and the only reason for probating the will is to clear title to the real estate. Since a will normally must be admitted to probate within 4 years of the decedent's death, there may be some additional pleading or proof issues that you should address with your attorney.
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