Legal Question in Real Estate Law in Texas

Father died and left me home with a mortgage

My father recently died and, in his will,left me his home. He had re-married after he purchased his home, but his new wife has moved out, thus avoiding/negating her homestead rights. The house had recently been refinanced(2004). Must I transfer the home into my name or may I simply continue making the monthly mortgage payment? If I must transfer into my name, what is the process to accomplish this? Thank you for your help.


Asked on 5/18/05, 1:18 pm

1 Answer from Attorneys
Jeffrey Hacker Law Offices of Jeffrey R. Hacker, PC

Re: Father died and left me home with a mortgage

Assuming the Will was probated as a full probate, either Independent or Dependent, the Executor should provide a deed into your name subject to the mortgage, and you should contact the mortgage company and send them a copy of the deed and a copy of the Letters Testamentary issued to the Executor (this shows the Executor's authority). If the Will was probated as a Muniment of Title, you'll need to send a copy of the Will and the Order from the court admitting the Will to probate. If the Will wasn't probated, there could be other issues, and you should consult an attorney (you may want to anyway, as they would be more familiar with this stuff than you are.

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Answered on 5/19/05, 5:30 am


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