Legal Question in Wills and Trusts in Texas

How can children sign over house?

My husband of 3 years had a wife who died 12 years ago.

She had the house he is living in prior to their marriage.

In her probated will, she states he can live here as long as he lives, then the house is to be sold and divided between 3 children. They were married about 13 years.

None of the children were theirs together.

Two of the children want to give us their part of the house.

The 3rd child wants a certain amount of money for his share.

Note these are children around 40 to 50 years old.

What form or process would we have to go through to accomplish this?

To release us of any later claims.


Asked on 4/13/06, 7:32 pm

1 Answer from Attorneys

Peter Bradie Bradie, Bradie & Bradie

Re: How can children sign over house?

The children would have to execute deeds granting their interest to your husband. Otherwise all your husband has is a modified life estate, with the chldren as remaindermen.

You'd have to 'buy' the deed from the hold-out.

If the other two would deed their interest to your husband, all the third would have after your husband's death would be an undivided 1/3 interest in the property, and that's not worth much.

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Answered on 4/13/06, 7:53 pm


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