If my grandmother passed away last year, what would be the next step to get things out of her name and into mine?

UPDATED: Sep 30, 2022

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If my grandmother passed away last year, what would be the next step to get things out of her name and into mine?

I’ve been living in her house for approximately 5 years. I’ve paid the taxes twice and paid for the homeowner’s insurance and upkeep of the property. My grandmother left 2 of her sisters as executor/trustee. The money of her bank account and annuity have already been distributed. However, the issue is the house. I was informed this past Sunday that my grandmother has a Will and left the house to me and my brother. And since my brother doesn’t want the house what documentation do I need for him to sign? Does this have to go to probate court? How do I get the deed?

Asked on December 16, 2015 under Estate Planning, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Depending on the value of the estate, you may not have to probate the estate, but you do need help in getting a few documents drafted.  One document is for your brother to decline the gift so that it goes to you alone.  Another document, is a title transfer so that you have proof that you are now the sole owner.  You can try to prepare these on your own, but if not done correctly, they can cause problems with ownership, financing, and taxes.... do a consult with a couple of different attorneys. See which one you like the best... and hire the one that seems to best understand your needs.

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