Legal Question in Wills and Trusts in Texas

My husband and his former wife (who is now deceased) bought a house in 2001. After her death, we met and married in 2005 . The house is still in his and his deceased wife's name. We paid off the house in 2009. Our wills give everything to the surviving spouse in case one of us dies. Do we need to get his deceased wife's name off the deed/house property records? If so, how do we do this? Do we have to hire an attorney?


Asked on 6/22/10, 12:22 pm

1 Answer from Attorneys
Bob Leonard Bob Leonard Law Group, PLLC

Depending on the deceased spouse's status at death (Did she have a will? Did she have children? if so, were they also his children?) your husband may or may not have inherited the spouse's share of her community or separate property. Since it has been more than four years, it is too late probably to probate any will, so the house would be inherited as provided by the Texas Probate Code.

You need to see an attorney and give him or her all of the facts to find out what your situation is. There is a possibility that your husband does not own all of the house, so you should do this immediately.

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Answered on 6/23/10, 8:46 am


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