Legal Question in Real Estate Law in Texas

Husband & Wife on deed. Husband dies without a will, Is property automatically the wife and does husband name have to be on General Warranty Deed. She is selling the property to me?


Asked on 11/03/09, 9:23 am

1 Answer from Attorneys

No, the property isn't automatically the surviving spouse. You didn't give enough information on this for me to talk to you about this. Did the deceased have debts? Children outside the marriage? Is the property financed? How are you paying for it?

Absent a probate proceeding, you cannot put a deceased person's name on a deed.

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Answered on 11/08/09, 9:52 am


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