How can I sell a house with 2 owners if 1 of the owners is deceased?

UPDATED: May 23, 2012

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How can I sell a house with 2 owners if 1 of the owners is deceased?

My brother and I owned a house purchased from our trust fund before we turned 18. He was married, had 2 kids but no Will. His wife has agreed to sign over the property. What do I do from here? I already have a buyer for the house so no need to go through a realtor.

Asked on May 23, 2012 under Estate Planning, Texas


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry for your loss.  There are some issues here that really all depend on how the deed was held. First, some one needs to be appointed as the perssonal representative of his estate.  That person signs any legal interest on his behalf, such as a deed.  Now, if you held the property with out "rights of survivorship" andhe has no Will then his estate inherits his portion and his estate includes the wife AND kids.  This is much more complicated than you think.  Please seek legal help.  

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