Legal Question in Wills and Trusts in Texas
My Grandmother has become ill and we found out the home title is only in her late husband's name. After his death she never tried to have the name on the title of the home transfer to her name. She says that 10 years ago she tried and they would not do it but no reason as to why. When her husband died there was no Will. We are looking at possibly selling the home for medical cost reasons and not sure that we can without her name on the title.
2 Answers from Attorneys
You should consult immediately with an attorney about preparing an Affidavit of Heirship for your grandfather's estate. Assuming that he had no children from outside of his marriage to your grandmother, the recording of the Affidavit would likely be sufficient to clear up the title issue. If your grandmother tried to list and sell the home today without it, an Affidavit of Heirship is almost certainly what any competent title company would require to sign off on the sale.
Assuming Grandma is NOT on MediCAID, then she can have an heirship affidavit executed. That should clear up title, and allow her the chance to sell the home. We do these fairly often.
Dave
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