Real Estate Law
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Could you provide me a bit more information? What is the value of the home? What is the value of your mom's entire estate? In what state is the home located? Thanks.
Thanks for following up. If this were only the house, you could transfer title by doing an Affidavit of Heirship (http://www.comptroller.texas.gov/taxinfo/taxforms/53-111-a.pdf) without going through probate. But, given that there are other assets and the size of the estate, you will have to file the will for probate and be issued letters of testamentary showing your authority. This is for your protection as well as any title company or purchaser so that all involved parties have verification that the will was valid and that you two do have legal authority. Without this process, anyone could produce a will and claim they had authority. The good news for you is that Texas has a very simple probate process that is not only quick, but also inexpensive.
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