Legal Question in Wills and Trusts in Texas
My husband divorced his first wife 30+ years ago. There was one child by this marriage. He remarried a few years later and he and his 2nd wife bought a home with both of their names on it. His 2nd wife later died with no children from this marriage. She had no children at all. Their wills gave the surviving spouse all assets. The will was probated with testamentory letters given, but her name was not removed from the house deed. We later met and married. His 2nd wife's name is still on the house deed. We have since paid the house off. Our wills also leave everything to the surviving spouse. Do we need to get his 2nd wife's name off the deed/house property records? Does mine need to be put on the house deed? If so, how do we do this? I have 2 children and he has 1 by his first marriage. By out wills, when we both die, all 3 children will get whatever assets remain.
2 Answers from Attorneys
If letters were issued recently, then the executor can draft an executor's deed, to accomplish the terms of the will.
To answer your second question, the will accomplishes you getting the house should he die first, but he could add you to the deed if it gives you more comfort.
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