Legal Question in Real Estate Law in Texas
Property Deed
My grandfather purchased property in Corpus Christi Texas in 1964 for my mom, her daughter. My mom passed away July 25, 1988 not knowing about it. We recently found out about it and verified it does belong to my mom. There is no dispute about the property. We recently paid taxes to be current. How do we change the deed to my dad's name, the survivng spouse without having to go to Texas. We current reside in california
Thank you
2 Answers from Attorneys
Re: Property Deed
Did your mother leave a will? In any event, this all would be governed by Texas law, not California law. Moreover, just because your dad is the surviving spouse, there is no certainty that he is entitled to 100% of the property. It was your mom's separate property; were this in California and were there no will, it would go by intestate succession and your father would not be entitled to the entire interest. You need to retain a Texas attorney.
Re: Property Deed
It's simple. Record affidavits of heirships from your dad and two impartial parties that have personal knowledge of the family structure. I needs to meet TX requirements. You should be able to get it done by a lawyer for anywhere between $100-$500.