Legal Question in Wills and Trusts in Texas

intestate

My father died without a will, however, his wife is alive, there are seven (7) adult children. Is it necessary for her to hire a lawyer to transfer the title of the house in which they lived to her name, or can she just go to the county clerk, or tax assessor and produce a copy of the death certificate and their marriage license and have his name removed from the title to their home..there was no other property involved.


Asked on 8/17/05, 6:14 pm

1 Answer from Attorneys

Peter Bradie Bradie, Bradie & Bradie

Re: intestate

Judging from your language, the widow may not be the mother of all the children. She will need to file an affidavit of heirship in the real property records, and file special warranty deeds from each of her step-children (if any) gifting their inherited portion of the property to her.

She should speak with an attorney that handles probate estates about having that done. Then she should give notice to the assessor-collector.

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Answered on 8/17/05, 6:25 pm


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