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

Answers:

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. 


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