Legal Question in Wills and Trusts in Texas
Mother's share of community property
My mother and my stepfather bought a townhouse while they were married and they both lived in it. The recorded Deed listed both of their names as owners. In 2005, my stepfather put his property in a living trust. The recorded Deed now lists only his name (as the trust). My mother's name has disappeared from the Deed. She passed away in December and my stepfather needs to sell the townhouse. My mother left a will (created in 2006) leaving her estate to me (her only child). My stepfather believes the townhouse is entirely his to sell. Wouldn't my mother have needed to sign something in order for him to think the townhouse is his? Is there any way I can find out if she still had an interest in the house prior to her death? If she did sign her half of the house over to him, what sort of document should I be looking for?
1 Answer from Attorneys
Re: Mother's share of community property
Your mother would have had to sign a deed transferring her interest to the trust. You should be checking with the real property records in the county where the house was located. In the alternative, you can contact a local title company and ask them to research this for you.
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