Legal Question in Real Estate Law in Texas
Transfer of home ownership
My father just remarried but wants to give me his son the home he lives in now. This home was owned by him and my mom who passed away. He wants to make sure that when he passes the home will be mine and not his new wife's. How can I accomplish this in the state of Texas?
2 Answers from Attorneys
Re: Transfer of home ownership
This is a three step process. First, you need to establish ownership in the home. There are a few questions that need to be answered, such as (1) did your mother have a will (2) did she have any children outside of the marriage to your father (ie stepchildren, or former marriage, etc.) and (3) how was the house originally titled? (4) did your mother owe any debts when she died? (5) what was the date of death? (6) is there any other property in her estate? (7) did any probate action occur on her death? (8) is the house mortgaged?
Once we figure that out, the next step is to clear the title to the house. How we do that depends on the answer to the first step. It may require some paperwork, or a court hearing.
After we clear the title, the final step is to transfer the title to you, using a deed.
Re: Transfer of home ownership
A simple warranty deed, but step-mom must sign too since she has a homestead interest in the property now. ...assuming they live there.