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Wife died, selling the house

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Melwave

Junior Member
What is the name of your state? Texas,

My wife passed away 2 months ago, we own a home, and it is in both our names, our will, if she died first everything went to me. We had all of our property in both names,.

Sence she had nothing in her name alone, there was no need to have her will probated, will, I have a problem selling the house.?

THANKS MELWAVE
 


Zigner

Senior Member, Non-Attorney
What is the name of your state? Texas,

My wife passed away 2 months ago, we own a home, and it is in both our names, our will, if she died first everything went to me. We had all of our property in both names,.

Sence she had nothing in her name alone, there was no need to have her will probated, will, I have a problem selling the house.?

THANKS MELWAVE
How, EXACTLY, was the title held?
 

Melwave

Junior Member
wife died, selling house

We bought land, and it was put in , my name,,and wife, her name. we built our house ourself, and paid cash for everthing, so there was no margage.
 

Zigner

Senior Member, Non-Attorney
I'll try one more time... How, EXACTLY, was the title held?
Exactly, word for word (ok to omit names).
 

BoredAtty

Member
Melwave and wife, Barbara jean
If the house was owned as a "tenancy by the entirety" (generally the case if you bought the home together while married), then there is nothing to probate because you had "survivorship rights."

If the house was owned as a "tenancy in common," then her half goes to her heirs (which from the sounds of things, is you), and that will need to be probated.

In the first scenario, you are not considered an heir.

The first question is, how was the house conveyed? Did you own it first, then put her name on the title later? Did you buy it together? Were you married when you bought it?

The second question is, what does the deed itself say? Does it indicate which kind of estate you owned or is it silent on the issue?
 

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