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Richard - Bizlaw
Richard - Bizlaw, Attorney
Category: Legal
Satisfied Customers: 9887
Experience:  30 years experience corporate, litigation, international
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Our mother and father are both deceased, 2007 & 2008 and died

Customer Question

Our mother and father are both deceased, 2007 & 2008 and died without a will. They owned their home and we have continued to maintain the property. Both my brothers have agreed to pass the home to me and are willing to sign their right over to the home. What is the process (obviously the most economical) of this being done? Thanks, XXXXX XXXXX for your response.
Submitted: 5 years ago.
Category: Legal
Expert:  Richard - Bizlaw replied 5 years ago.
Has the estate of your parents been probated? In whose name is XXXXX XXXXX now?
Customer: replied 5 years ago.
No it hasn't. The property is still in both their names.
Expert:  Richard - Bizlaw replied 5 years ago.

I assume that other than the house all other assets have been distributed. The simplest way is to probate your mother's estate and have your siblings renounce their interest in the property and agree that it can be transferred to you. That will get the property transferred from your parents name to yours.

 

This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.

Customer: replied 5 years ago.
I'm sorry but what is the process to probate the estate. Our mother died first so then we would be probating our fathers estate, correct? Can this be done without an attorney?
Expert:  Richard - Bizlaw replied 5 years ago.

If your father died without a will, you would petition the court to appoint you or one of your siblings as the administrator of the estate. At his death your father would be the sole owner of the house if it was in the name of both your mother and father. You can do this without an attorney. You have to make sure that all the debts of your father have been paid. If none of your siblings have children, they can do what is known as a Once you are appointed, you can get your siblings to file renunciations of their interest in the estate. If any of your siblings have children they would also do renunciations for each of the children. The effect of the renunciation is that the property passes as though they had predeceased your father. The effect would be that the only asset of the estate the house, would pass solely to you. The statute on renunciations or disclaimers as they are called under TX law is at statute Descent and Distribution Code Section 37. Here is a link to the statute. http://www.statutes.legis.state.tx.us/Docs/PB/htm/PB.II.htm Doing this eliminates any gift tax or similar issues.

 

This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.

Customer: replied 5 years ago.
I know it's been a while since you responded to me on this issue, but I'm still somewhat fuzzy on how to proceed first. Your response above indicates that if my siblings have no children, well that is not true, both my brothers having living children so are you saying that they cannot renounce their interest in the property and assign it to me? Also, since there are no other assets, other than the home and all debts have been resolved, do we still need an attorney to "petition the court" as you indicated above. I think once I can understand this then we are ready to move forward and I can accept your response. We are trying to understand do we need to hire an attorney to assign the property to me or can this be done by us getting the necessary paperwork (whatever that is) completed and notarized? Thanks, XXXXX XXXXX for your response.
Expert:  Richard - Bizlaw replied 5 years ago.

The renunciation is the equivalent of them predeceasing the person who wrote the will so their interest would pass to the children not to you. What you need to do is to be appointed personal representative of the estate of your father so the property can be transferred into your name. Only the personal representative can do that. You would file an accounting approved by your siblings stating that all assets had been distributed. The property would be transferred into your name. You do not need an attorney to do this.

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This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.