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legalgems, Lawyer
Category: Legal
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Experience:  Just Answer consultant at Self employed
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I bought a house and named my partner as half owner he died

Customer Question

I bought a house and named my partner as half owner he died 3 years ago, how can i get him off the deed
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Texas
JA: Has anything been filed or reported?
Customer: as far as what?
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 14 days ago.
Category: Legal
Expert:  legalgems replied 14 days ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  legalgems replied 14 days ago.

I am sorry to hear this; how was title to the house held? Also did the decedent have a will/trust?

Customer: replied 14 days ago.
3 years, did not have a will or trust
Customer: replied 14 days ago.
please answer
Expert:  legalgems replied 14 days ago.

I am sorry to hear this; unless the property was held in joint tenancy with right of survivorship, then the decedent's portion of the property would need to be probated. If the person did not have a will or trust. the property would pass via the laws of intestate succession. This means that person's property passes to the next of kin but that it must be probated.

This explains the probate process here

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

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