If mymom died with no Will and my siblings andIwant to give the house toour sister, how dowe go about doing this?

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If mymom died with no Will and my siblings andIwant to give the house toour sister, how dowe go about doing this?

Asked on December 27, 2011 under Estate Planning, Texas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If your mother passed awat without a Will or a trust in place, I first suggest that you presently look at the deed of the home you are writing about to see if it is in joint tenancy with your mother or another person. If so, the other person assuming he or she survives your mother gets the home by operation of law.

If not, you will need to file a petition to administer your mother's estate through the probate court since your mother died without a Will or trust (intestacy process). You should consult an attorney about this process. In any event if the home is an asset of the mother's estate, all siblings can disclaim in writing an interest to the house where your sister that you all want to have the home gets it per a court order. The court order is then recorded with the county recorder's office transferring title to the home to your sister.


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