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Does wife of deceased husband need a probate

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R

ravynt444

Guest
My husband passed away recently and I can't find our wills.I am having problems with the Mortgage Co. giving me information about the Loan. I aquired the Home while my husband was over Seas with both our names on the original contract.

My husband later purchased a Home Equity Loan in his name only without my knowledge.I signed all the papers my husband signed,thinking my name would be on the Loan. I told the Loan Co. to put my name on there too. The payments
are behind and have been increased sense my husband passed. I was told by the Co. I couldn't get any information until they recieve a death certificate and a power of attorney because my name is not on the Loan. I mailed the certificate almost two weeks ago,but they say they haven't received it.

The Loan Co. will be foreclosing the Loan I was told. How can a Loan be given to one spouse when both names were on the original contract and why do I need a probate?. Shortly before my husband passed away he told me the home would be paid for if he didn't recover from his illiness. I thought under Texas laws if there is no will and one spouse passes away the other spouse would not need a will when it came to community property.
 



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