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?

Asked on 1/07/08, 8:55 pm

Cheryl Rivera Smith The Smith Law Firm

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Re: Mother's share of community property

You should look for a deed signed by her that conveys her interest into the trust.

Answered on 1/08/08, 12:22 pm

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