my mother died suddenly in 2003 in Texas. She died intestate and her only asset was the family Homestead. i am an only child and sole heir. on several occasins prior to her death, my mother informed me that she would like for the house to go to my daughter. How can i carry out her wishes. My daughter and i live in Pennsylvania.
Country relating to Question: United States
State (if USA): Texas
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Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.Can you tell me, have you started the probate process?And can you tell me the value of the home? Is there a mortgage and if so what is the home equity?
No, I have not started probate. the value of the home is about 25,000 and there is no mortgage.
Thank youTexas law requires a probate. There is no way around this. That is the only way to change the title to the property.Under Texas law, if a person dies with no spouse, their estate will pass to their children equally. If you are the only child, then by operation of law the home would pass to you.Now, if you wish the home to pass to your daughter instead of you, ASSUMING YOU HAVE NO OTHER CHILDREN, then you can refuse the inheritance. At that point, under Texas law, the home would pass to your children. But if you have more than one child? Then by operation of law, the home would be divided equally between all your children.If you have more than one child, you would need to accept the gift and then pass it on to your daughter. This will create a tax to you since the gift is valued over $13K (the federal gift Tax Exemption)Now...the bad news. You need a lawyer. There really is no way around this. Texas law requires a lawyer to probate an estate UNLESS you can meet the requirements of a "small estate affidavit". You can see the requirements hereWhat you see is that you can only transfer title to real property if the recipient also lives in the property. BotXXXXX XXXXXne: This is relatively easy to do...the law supports what you want to do. But you will need a lawyer to run the probate for you. You can find a lawyer to assist Here
Law Degree, 12 Years of trial experience
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