Legal Question in Wills and Trusts in Texas
If I have a will for my deceased mother how do I go about getting her home sold? I am the only child.
3 Answers from Attorneys
Well, it depends... did your mother own anything beside the home you refer to? Does she have any debts? The process can be very simple or complicated depending on the facts and how long ago she passed.
I need to know a few more items:
1. When did your mother die?
2. Did your mother have any debts? (aside from the homestead)
3. Did she have any other property?
4. Did the will leave everything to you?
There are two likely scenarios, one would be an application for letters testamentary. In this procedure, you ask a court to allow you to administer your mother's estate. The court will issue you a letter, which allows you to step into your mother's shoes and sell the house, pay bills, distribute property, etc. The second scenario is a summary proceeding, called a minument of title (MT). In this procedure, you tell the court, that there are no debts, and no real reason to go through the trouble of administration. The court approves the will and the property is transferred per its terms.
Feel free to call me if you would like to discuss this further.
Dave
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You need to visit with an attorney to look over the will and discuss what she owned and what she owed at the time of her death.