If mu dad signed a quit claim to the house and put in into my mom’s name only on the, who inherits it?
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If mu dad signed a quit claim to the house and put in into my mom’s name only on the, who inherits it?
My parents separated about 31 years ago; they never divorced. About 14 years ago, my dad quit claimed the house into my mom’s sole name. She recently passed. Who inherits the house and it’s belongings?
Asked on May 24, 2018 under Estate Planning, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
You don't mention a will, so we assume there is none. That means that your mother's "estate" (what she owned at death) passes by "intestate succession" (the rules for who gets what when there is no will). In your state, TX, the house would be considered community property (basically marital property) because ownership was conveyed from one of them to the other during marriage, regardless of whose name it was in: that means your father will inherit it because even if they separated, they never divorced, and so were still spouses at the time of her death. A surviving spouse ends up with all the community property when his spouse dies.
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