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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 117369
Experience:  Experienced in Trust and Succession Law, including Louisiana Laws
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My spouse died 10 years ago. He did leave a will bequeathing

Customer Question

My spouse died 10 years ago. He did leave a will bequeathing our joint home to me. The lawyer I spoke to then told me it was not necessary to probate the will as it was not large. I am now trying to sell my home and am being told I have to have his heirs sign off on the closing. How is this possible if I am given the soles rights to my own home?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

I am afraid that to change deeds on property some form of probate is necessary. Because it is more than 4 years since death, you may be able to use the simple process called muniment of title in Texas, you are going to have to file regular probate and ask for a muniment of title, because if a will is not filed after 5 years, the will can be declared null and void and the court now has to determine the heirs. So that is your alternative to getting his heirs to sign off I am afraid.

If the attorney knew about the house and did not bother telling you that the deed needed to be amended at that time, then he likely committed malpractice, but 10 years later is too late to even sue him for malpractice based on the short Texas statute of limitations to sue for that.

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