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Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 102506
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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I need advice from an attorney licensed in the state of

Customer Question

I need advice from an attorney licensed in the state of Texas reference a residential real estate property.
My daughter-in-law was recently widowed. She and my son had purchased a home in both their names just weeks before my son passed away. She is wanting to put the property on the market as it is too big for just her and has no desire to maintain ownership.
What immediate steps must she take in order to start the process of selling the property? Her funds are pretty tight so I've suggested she reserve her funds for food, utilities and other essentials and worry about mortgage deficits later. I'm not suggesting she let it go to foreclosure but am pretty confident the mortgage company won't pull the trigger on foreclosure quickly and she'll have time to collect life insurance for the essentials and settle up on the house later.
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Ely replied 2 years ago.

Hello and welcome to JustAnswer. Please note: (A) This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms; and (B) please wait to rate until I ask you to do so. It may take a few replies for me to be able to render an complete answer. I will let you know when I do.

I am very sorry for your loss. Can you please tell me:

1) Has probate been filed?
2) Did he have a Will, or not?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 2 years ago.
I doubt he has either but good questions I need to ask her. 99% sure no probate has yet been filed as he just passed August 6, 2015.
Customer: replied 2 years ago.
She isn't here presently so I can't ask now.
Expert:  Ely replied 2 years ago.

I see. Can I assume that he had no will and no probate has been filed for my answer? Or do you want to wait and get back to me?

Customer: replied 2 years ago.
I guess it prudent to have those answers before we delve further.
Expert:  Ely replied 2 years ago.

I agree. I will be here. Once you find out, feel free to get back to me. Thanks!

Customer: replied 2 years ago.
Is there a case number ***** can use so I get back to you or how does that work?
Expert:  Ely replied 2 years ago.

You can simply log back in and go to this thread - it should still be available.

Customer: replied 2 years ago.
OK, I'll talk to her and get some basis to talk with you further. It won't be today though.
Expert:  Ely replied 2 years ago.


Expert:  Ely replied 1 year ago.

Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question. I am simply touching base. Let me know. I never heard back from you. Thanks!