Legal Question in Wills and Trusts in Texas

In texas if someone dies without a will can their child leave the property in their name until they decide to sell it.


Asked on 12/26/11, 7:02 am

2 Answers from Attorneys

Under Texas law, title to property vests at the time of death, not at the time you file the paperwork to evidence title. The property still belongs to the child at the date of death, even if the child waits to file appropriate paperwork.

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Answered on 12/26/11, 7:20 am
Brian Thomas Burdette & Rice PLLC

The child could do that, but I would probably never suggest it. Mr. Leon is spot-on with this one. Documentation isn't going to effect the chain of title, and while the property might be Dad's on paper, it belongs to his heirs in every other way. Why wait?

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Answered on 12/27/11, 8:26 am


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