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Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 36995
Experience:  Texas Attorney for 30 years dealing in real estate
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My father died last week and my mother needs to transfer

Customer Question

my father died last week and my mother needs to transfer title into her name. Has deed to home but has 32,000 borrowed against equity. Has 5 children, none of which are named as executor or beneficiary (one is a child from another marriage). No will.
Submitted: 8 months ago.
Category: Real Estate Law
Expert:  Ray replied 8 months ago.

Hi and welcome to JA.Ray here to help you today.

She would have to make application for probate and be appointed personal representative and receive letters of administration.The house here is part of estate and passes under laws of intestacy.

I should tell you that she has a half interest here, she gets half of his half( 3/4 total), last 1/4 goes to children, either she buys them out or they can force a sale through probate.

Here is intestate( no will) chart for reference see B Community Property.

http://pdf.legalformsfortexas.com/PDFs/Civil/CIVLIT_CP.700.pdf

She would need a probate lawyer, this is court supervised probate, they must approve everything.Here is lawyer referral..

Lawyer for her here through our state bar.

https://www.texasbar.com/AM/Template.cfm?Section=Lawyer_Referral_Service_LRIS_

I am so sorry for your loss of parent.I know how hard that can be personally.Thanks again for letting me help you today.Let me know if you have more follow up.

Expert:  Ray replied 8 months ago.

The personal representative with court approval can transfer title here, she would have to resolve the 1/4 interest first as part of probate.

Expert:  Ray replied 8 months ago.

Texas doesn't allow people to pro se represent themselves , reference to that.

https://www.traviscountytx.gov/images/probate/Docs/pro_se.pdf

Expect probate to last about a year from start to finish.

Expert:  Ray replied 8 months ago.

Thanks again for the chance to be of service.

If you can positive rate it is always much appreciated.

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