Legal Question in Wills and Trusts in Texas

My husband owns 19.917 acres in Cherokee County Texas. His and his former wife's names are on the title. They were married when she died and they acquired the land jointly during the marriage. When she died she left no will. She died on 12/17/2002. Can he file an Affadavit of Death of Joint Tenant by Surviving Spouse in order to have her name removed off of the title? Will he also need her death certificate?


Asked on 10/28/10, 9:40 pm

1 Answer from Attorneys

To answer your question, I would need to know if there are any children outside the marriage. It may be possible to do an heirship affidavit. I strongly recommend against doing this yourself.

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Answered on 11/02/10, 9:53 pm


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