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probate ? in texas

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mkrx2

Guest
What is the name of your state? Texas
I am attempting to secure information for my aging father. My mother passed away almost 3 years ago from Alzheimers disease. Her name is on the house and property where they had lived and where my father still lives. Her will stated that in the event of her death, the property was to go to my father, and in the event of both their deaths, the property would go to my brother and I. Everyone is in agreement to the terms of the will.

My father is now wishing to sell the property and move to a smaller location. Does my mothers' will need to be probated in order to remove her name from ownership of the property? And can my father avoid paying an attorney by doing this himself?

Please excuse my lack of understanding of the law. I searched your site before sending this ... but couldn't find the answer I was looking for.

Thank you.
 


I AM ALWAYS LIABLE

Senior Member
mkrx2 said:
What is the name of your state? Texas
I am attempting to secure information for my aging father. My mother passed away almost 3 years ago from Alzheimers disease. Her name is on the house and property where they had lived and where my father still lives. Her will stated that in the event of her death, the property was to go to my father, and in the event of both their deaths, the property would go to my brother and I. Everyone is in agreement to the terms of the will.

My father is now wishing to sell the property and move to a smaller location. Does my mothers' will need to be probated in order to remove her name from ownership of the property? And can my father avoid paying an attorney by doing this himself?

Please excuse my lack of understanding of the law. I searched your site before sending this ... but couldn't find the answer I was looking for.

Thank you.

My response:

Look at the Deed. Is there a "Right of Survivorship" (ROS) clause? If so, no probate is necessary because the house would immediately belong solely to your father, bypassing Probate, so that when he decided to sell, all he'd need is a Certified copy of Mom's "Certificate of Death".

If there is no ROS, then yes, he'll need to file a Petition for Probate to have the court order him as the sole owner. There are some good "How To" books at Barnes & Noble for the "Do-it-yourselfer".

IAAL
 

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