Legal Question in Wills and Trusts in Texas
POD on Mortgage Account
My husband's father passed away a week and a half ago. My husband was POD on his bank accounts and the mortgage account at the same bank. His dad did not leave a will. We have since payed the house note and the property taxes since his passing. Since my husband is POD on the mortgage loan does this mean that the house and property is his? He also has a sister who is insisting that half the house is hers even though she was not left as POD on the account.
2 Answers from Attorneys
Re: POD on Mortgage Account
Being "POD" on a mortgage account (an account where you owe money) is different from being POD on a bank account where you get the money.
The bank accounts which were POD are your husband's.
The house, however, is a different story. Do you mean that your husband is obligated to pay the mortgage? If your father in law did not leave a will, and he had not conveyed the house before he died, then the house is in his estate and passes according to the laws of intestate succession of Texas. If your husband and his sister are the only children of your father in law, and there was no surviving spouse, then your sister is probably right that she should get half of the house.
If your husband has been paying the mortgage and expenses of the house, then he should be reimbursed for that.
You will need to consult with a lawyer to make sure the title passes properly.
Re: POD on Mortgage Account
Ms. Perales is correct. It would be important for you to meet with an attorney to ensure that your husband's estate interest is protected as much as possible. Our firm offers probate litigation assistance and would be able to help you analyze your situation. Please let us know if we can be of assistance. nemeclaw dot com.
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