Legal Question in Wills and Trusts in Texas

I was legally married to my husband when he purchased a house in Texas. He died before he put my name on the mortgage or deed. He doesn't have any children and I have been in the house for four years that he has been gone. Wouldn't I be the reasonable person to inherit the property, there was not a will.

Furthermore I have been paying for it. What can I do? Do I have to go through probate and all of that?


Asked on 10/18/10, 11:22 pm

1 Answer from Attorneys

I would have to see exactly how the property is titled before I can render an opinion. If the property is community, then you have a stronger interest in the property. If it is titled as separate property, then you may have a weaker interest in the house. I would recommend that you locate the title documents (Deed) to see how he listed it. After that, would you need to do an affidavit to claim your rights in the house. A lawyer should be able to assist you with this for a few hundred dollars.

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Answered on 10/23/10, 11:38 pm


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