Legal Question in Wills and Trusts in Texas

My son Paul, who lives near me here in Texas, is also the executor of my Will. Paul has recently told me that he doesn't want my house to be sold to strangers when I die. Instead, he wants to move in and assume my mortgage payments as full owner of the property. However, in the legal Will that I had drafted a few years ago I indicated that the proceeds from the sale of the house should be equally divided among all my four children. This is just a middle-class home valued at under $200,000. Paul assured me that at the time of my death he would deduct the appraised amount of the house from what is still owed to the mortgage company, and then divide what's left by four equal parts, one for each child. He would come up with the cash from the sale of his current home. Should I revise my Will to reflect the new situation? Also, would it be a good idea to put Paul's name on the house title next to mine, or what other options do I have that would be in conformity with Texas law?


Asked on 6/08/10, 10:26 am

1 Answer from Attorneys
Cheryl Rivera Smith The Smith Law Firm

You should talk to an attorney. How will your other children feel if you do this? What if Paul doesn't do what he says he will do? If you place Paul's name on the title to the house, you may be jeopardizing future Medicaid rights you may have should you need extensive nursing home care. Other options include the use of a trust to carry out your wishes and protect all of your heirs. This isn't a do-it-yourself issue - please get professional help.

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Answered on 6/09/10, 7:54 am


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