Legal Question in Wills and Trusts in Texas
Primary residence deed transfer
My mother-in-law just passed and my father-in-law passed a few months before that. Their primary residence was in both names. The ownership was not transferred solely to my mother-in-law before she passed. What we want to know is can this property be transferred into my wife's name without first transferring from my father-in-law to my mother-in-law ?
3 Answers from Attorneys
Re: Primary residence deed transfer
Title passed to the heirs at death. If you have wills, you may wish to probate them, or you may wish to have affidavits of heirship prepared and filed in the county deed records. My office is not too far from where you live, and you may reach me at [email protected] For additional information, please see my web site http://www.reasonable-doubt.com
Re: Primary residence deed transfer
When your MIL died, her interest passes according to her will. If she didn't have a will, then the intestacy law would kick in, and depending on her family history, either her spouse or her children, or a combination, inherited upon her her death. The same is true for your FIL. Therefore, you would need to demonstrate title in the parcel by either probating their wills (assuming they had them) or by other means, such as a small estate affidavit or an affidavit of heirship.
Please understand that this is a very basic overview, as there are several facts that I would need to discuss with you that could alter my opinion of the case. Feel free to call or email if you would like to discuss this further.
Re: Primary residence deed transfer
Both estates have to be accounted for.
You didn't say whether there were wills or not, or the nature of the property (separate or community), or even if there are other brothers or sisters. All of that is extremely important.
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