Legal Question in Wills and Trusts in Texas

When did your husband die? DId he owe any debts? Did he have any other property besides the house (bank accounts, cars, etc.) Did he purchase the house during his marriage to you? Or before? Does your husband have children from outside the marriage?

There are a number of different procedures, but the appropriate one depends on the answers above. Most common an affidavit (either of heirship or small estate) would be the the appropriate tool.

Please feel free to contact me if you want to talk about this further.

Dave

http://leonlaw.com

First, you don't want your name on the mortgage, because that means you assume liability for the mortgage. If you are the heir, you have the right to continue to pay. If your husband has children outside of the marriage, then you would only have a life estate and his children would have the remainder. If no children outside of the marriage, then maybe an affidavit of heirship would work.