Legal Question in Wills and Trusts in Texas
husband died in 2009 without a will. i'm in dire need of help with my current situation. we jointly own a house in texas. i am told that the house is still not of my sole ownership unless i hire an attorney and file for probate. his vehicle is only in his name. is there a different way of transferring deeds/titles to my name without going to probate court or hiring an attorney? looking to resolve some of the problems as smoothly and least costly as possible. we had no children but don't have much to invest. please help. thank you.
2 Answers from Attorneys
The answer to your question depends on the language in the deed to you. If there is no right of survivorship in the deed, you will not be able to sell the house.without establishing that your husband died, that you were married, and that he had no children. The simplest way to do this is to have his estate administered. Contact DPS about the car.
If you cannot afford an attorney contact the San Antonio Bar Association's Community Justice Program for further information.
It depends on whether he has children outside of the marriage. If no children, then an affidavit of heirship might work. Check with your local title company.
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