Legal Question in Wills and Trusts in Texas
Owned by Heirs with Spousal Rights St-father
My Mother's home will pass through the will to her children after the death of our step-father. The home was owned before the marraige by my mother. He has spousal rights. He has put the home in his name through the tax accessor for his homestead. He did not pay the taxes on the home rather the Administrator had to. Now the home is listed with his name, his name is also on the formerly owned by link. This last week the Administrator changed the address for the statements to come to her law office. Do we have a problem here since she paid the taxes?? Ownership must come by means of a deed. Is this not true?
2 Answers from Attorneys
Re: Owned by Heirs with Spousal Rights St-father
You are correct in that a house that you have inherited can only be conveyed by deed. With that said, there have been instances when forged deeds are filed of record. As a precaution, I would purchase a title search from a title company to make sure things are as you believe them to be. A name on a tax record is not necessarily an indication of ownership. With that said, I would make sure taxes are paid each year, because you could lose your interest in a tax foreclosure and I would make sure that you are listed as an addtitional loss payee on the fire insurance policy in case the house burns down or is otherwise damaged. Being listed on the policy does not increase its cost.
Re: Owned by Heirs with Spousal Rights St-father
To amplify Ms. Rivera-Smith's reply, I suggest you retain a lawyer to straighten out this mess now. It's only going to get worse and cost more money later.
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