What to do if my mother and father were buying a home together and he passed away 3 years ago with no Will?

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What to do if my mother and father were buying a home together and he passed away 3 years ago with no Will?

Does my dad’s half of the home pass to our mom, or to his children? He has a child from his first marriage, and she is estranged. If this passes to his children, how do we get the estranged child removed? Do we have to hunt her down, and see if she’ll waive her part? Do we have to hire someone to try to make contact with her? We’d rather the house be entirely in our mother’s name

Asked on January 3, 2013 under Estate Planning, Texas

Answers:

Catherine Blackburn / Blackburn Law Firm

Answered 8 years ago | Contributor

You need to consult a probate attorney in your father's area.  This situation may be very simple or very complicated.  I do not know what you mean by your mother and father "were buying a home together."  It sounds like they bought the home.  Do you say this because it has a mortgage?

If your mother and father bought the home, there will be a deed to the home.  If they bought the home together, both of their names are probably on the deed.  In that case, the home probably passed to your mother when your father died.  This is the simple situation.  Any other possible scenario falls into the complicated category and will require a local attorney to sort it out for you.


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