Legal Question in Real Estate Law in Texas
Mother to Daughter-Transfer of Property
My father died in 1975 and my mother remarried in 2000. My mother would like to deed over her house to me. Original deed has my mother and father's names on it. The property is located in Texas and we both live in Texas. What documentation would I need to file with Count Courthouse? I will subsequently sell the house.
2 Answers from Attorneys
Re: Mother to Daughter-Transfer of Property
Did your father have a will? If not, then you would need to first determine what happened to his interest in the property upon his death. You also need to determine if the property was separate or community at the time of his death.
Re: Mother to Daughter-Transfer of Property
A warranty deed. There may be other issues. Did your father have children outside the marriage? Was there a will? Also, keep in mind that if your stepfather outlives your mother, he will have a life estate in the house due to his homestead rights.