Legal Question in Wills and Trusts in Texas

Securing a death certificate

Two months ago my wifes'former husband died. He and my wife are still listed as owners of the home we occupy. We have been unable to secure a copy of the death certificate which must be presented to the mortgage company in order to remove his name as co-owner of the home. How can we get a certified copy of his death certificate?


Asked on 4/21/98, 12:42 pm

2 Answers from Attorneys

Basil Landon Hoyl, Jr. Law Office of Basil Hoyl - Safeco Land Title

removing prior owner from title to home

The facts of your situation should be discussed immediately with a lawyer, in that lawyer's office. You have several issues which could cause problems for you. For instance, when someone owns property, it is not always the case that they leave it to their ex wife when they die. Special provisions of Texas law even affect a disposition in a will to an individual who is later divorced from the person who wrote the will. Even if your mortgage company no longer looks to the deceased for payment of the mortgage, it does not mean that you or your wife will hold title to the property free and clear of her ex husband's interest. There are many questions which your lawyer will want to discuss with you. Hire a lawyer.

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Answered on 5/13/98, 12:50 pm
Weston Cotten Weston Cotten Attorney at Law

Copy of Death Certificate

You can contact teh funeral home where teh person was prepared for burial. Normally they have records of, or can assist in getting a copy of the death certificate. The city, or county also may ahve the ability to get you a copy of the death certificate. You ma yhave a greater problem though. Many questions pop into mind, such as was there a divorce and an award of the house to your wife by the ex? Did he have a will? What were the terms of hte will? Did he have chidlren, or a new wife? There are too many unanswered questions to really assist you, but you can start with the funeral home for the death certificate.

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Answered on 5/13/98, 7:26 pm


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