Legal Question in Real Estate Law in Texas
My dad passed away several years ago and my my mother just passed away. The only property she has is a paid off home and its contents. All of us kids are in agreement that we want to sell the home but are not sure how to change the name of the home to our names so that we can sell it. Is there a certain form in Harris County, Texas?
3 Answers from Attorneys
Does either parent have any other property (bank account, car, etc.)? Did momma have any debts? (credit cards, etc.) Also, what year did dad die? And were all kids a product of the marriage?
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IMHO you will not find a "form" to do what you wish...but should hire a lawyer in your area..Texas probate is not that expensive..e.g. cost of realtor for a sale is normally 6% but cost of a lawyer normally less than $2500 ...
I have several questions but let me put a few things out there:
(1) Did anyone (mom/dad) have a will? If not, its ok you can still do a intestate (without a will) probate in Harris County and depending on the situation it may be considered a "small" estate proceeding. Through that process you will have an administrator appointed and the administrator can sell the home and distribute to the heirs or you can change the title to reflect different ownership and then sell it throught a realtor.
(2) Being a realtor, let me explain how those fees work. If you hire a realtor the general standard fee is 3% to your realtor and 3% to the other side's realtor. Those fees are not set in stone. Some realtors will reduce their fees and while it is not advisable you can also reduce the buyers commission. There are other things to consider from a marketing stand point but its best to sit down and discuss that with a realtor.
Nile Copeland
Cheng Copeland PLLC
Houston, Texas 77056
www.e-justice.com
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