Legal Question in Real Estate Law in Texas

My father just passed away and my brother and I are the only children. He has left the house to my brother and I and his last wish was to never sell the house. Our question is how hard is it to change the name, and can we expect the taxes to go up at a great rate? Is is legal for one of the heirs to live there paying upkeep, taxes, and insurance and leave the deed in my fathers name?

Thank you for your time,

S.C.


Asked on 9/14/09, 7:48 pm

1 Answer from Attorneys

I'm sorry to hear about your father. I need to know a few things before I can discuss this with you. Specifically:

1. Where is the house located? (I'm assuming Texas)

2. Was there a will?

3. Are you and your brother in agreement as to what to do with the house?

4. Is the house paid for or financed?

5. Was your father over 65 when he died?

To answer your question, it is not difficult to change the name on the title of the house. If you and your sibling agree on what to do with the house, one of you can live there and the title would be in both your names. It is not appropriate to keep it in the deceased's name.

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Answered on 9/19/09, 9:05 pm


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