How to handle a small estate?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How to handle a small estate?
My father died in the past year and left everything to my mother in his Will. He had no debts and their only asset is their home. The home is in both his and my mother’s name. Mom is now ready to sell their home to help in paying assisted living expenses. Do we need to have dad’s Will probated in order to have the house put in mom’s name only or can we file a muniment of title and proceed from there? What would the next step be after filing the muniment of title?
Asked on January 17, 2012 under Estate Planning, Texas
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
The first thing that you need to do is carefully read the deed to the family home to determine if legal title is held in joint tenancy between your mother and deceased father. It should read something like "[name of father] and [name of mother] as joint tenants with the rights of survivorship."
If title is something like the above then title is in joint tenancy and your mother now owns the home as a matter of law in its entirety. What needs to be done is to get a certified copy of your father's death certificate and attach it to an "affidavit of surviving joint tenant" and have your mother sign this document before a notary public. Once done, go to the county recorder's office to record it.
If the property is in joint tenancy, there is no need to probate the Will of your father to transfer title to the home to your mother.
I suggest that you consult with a Wills and trust attorney to have him or her review the deed to the home to determine if the deed is a joint tenancy deed between your father and mother.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.