If my 9 year old son was left a house in a Will and the terms are that my husband is the trustee until my son is 25, what do we need to do in order to get the home under my husband’s name as the trustee?

My husband’s grandmother passed away 2 years ago and left her house to our son. We’ve heard conflicting advice about what to do at this point since the house is still under my husband’s grandmother’s name. One person said we need to go through an attorney to probate the Will. We thought this already happened when the executor filed her Will when she passed.

Asked on February 10, 2016 under Estate Planning, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Usually the probate court and attorneys help with all of the transfer documents.  If you haven't seen a copy of the probate, then it may not have happened.  Because this involves title work, you really do want an attorney involved to insure that the property properly passes to your son.  If the old attorney is not returning your calls, contact another attorney that specializes in wills or probate.  Do not hire a 'generic' or 'general litigation' attorney.  They are okay for some matters... but probate is a different beast and you really need an attorney that is familiar with the process to walk you through it.  They can also help you file the correct title documents that you will need to file with the county clerk. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.