Does she need a will?

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Does she need a will?

Girlfriend purchased a house a long time ago with her parents since then her dad has passed away however mom is 91 and not doing well health wise. does she need her mom to make a will even thought my girlfriends name is on the deed and loan papers?

Asked on August 18, 2017 under Estate Planning, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If the house was owned by them as "joint tenants with right of survivorship," then on her mother's death, it automatically becomes the property of the surviving "tenant" (or owner)--i.e. of your girlfriend. If owned some other way (e.g. as "tenants in common"), it would be a good idea to have a will to clarify what happens, especially if there is anyone else (e.g. a sibling of your girlfriend) who may have rights to inherit the mother's share in the absence of a will.


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