Legal Question in Wills and Trusts in Texas

after probating who's name will show on deed?

My husband is the executor of his mothers will no other possesions were mentioned in the will other than her house and that was left to my husband. Unless he was to die then his sister will get it. How do we go about probating the will and will the house go in my husbands name? and can we morgage the house? We have heard yes and no and would love to know the answer.


Asked on 1/08/06, 12:46 pm

2 Answers from Attorneys

Peter Bradie Bradie, Bradie & Bradie

Re: after probating who's name will show on deed?

The will is entered for probate in the county where the decedent resided. Some counties (Harris, for one) have too large a docket for pro se probate, and require that you use a lawyer to do the work.

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Answered on 1/09/06, 10:05 am
Jeffrey Hacker Law Offices of Jeffrey R. Hacker, PC

Re: after probating who's name will show on deed?

You need to probate the will in the county probate court or county court where your mother-in-law lived. If all she owned was the house, you can probably do a "muniment of title" which is a short-form probate. This will vest ownership of the house in your husband's name. Feel free to call my office ifyou have any other questions.

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Answered on 1/08/06, 2:41 pm


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