Is is necessary to probate my deceased mother's real property or can I transfer it to me under Texas probate laws
New Braunfels, TX
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Posted about 1 year ago in Probate
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Real Estate Probate:
My mother passed away leaving a will that designated that her real estate (home) be distributed amongst her three children. I have obtained signature from my brother and sister that they have turned over the property to only me. Is it legal to leave the real estate property in my deceased mother's name?
Additional information
Thank you all so much for your answers. To be blunt, this has not actually happened to me but to someone I know and they did not probate the Will and have now committed property tax fraud because of the Over 65 exemption. I was simply curious to see what the answers would be. Now I know that this is definitely fraud and that the house may be lost as it has been almost 6 years since his mother died. Again, I didn't mean to deceive, but I just wanted information to confirm what I thought I knew. All of you helped to do just that. This place is awesome! Answers (4)C. Boyd Cote
This attorney is licensed in Florida and 2 other states.
Posted about 1 year ago.
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While I am not a lawyer in Texas, I do not feel that it would be illegal to leave the property in your mothers name, but it will create a title nightmare if you ever want to sell or finance the property, or leave it to your children. The clean way to handle this transaction would be for the Executor of the Estate and your brother and sister to sign a Deed granting you title, which deed should be recorded in the clerk's office. Not changing the title now leaves too many open questions, and too much of an opportunity for something to go wrong. I suggest that you contact a local attorney or title agency to take care of this for you.
Mitchell Reed Sussman
This attorney is licensed in California.
Posted about 1 year ago.
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In California it is not a criminal offense to fail to probate. I assume that same holds true in Texas.
With that said, you are doing a disservice to yourself and your heirs by not transferring title. By transferring title you will be able to finance the property and leave it as part of your estate to your heirs. Mark Avery
This attorney is licensed in Texas and 1 other state.
Posted about 1 year ago.
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Since there is a will, you need to probate it in order to transfer title. Until it is probated, there is no individual who can legally act on behalf of your mother. Also, the will must be probated within 4 years of your mother passing. If all debts of the estate have been satisfied, then you can use a more simplified probate procedure.
Lu Ann Trevino
This attorney is licensed in Texas.
Posted about 1 year ago.
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You can leave the house in your mother's name but it will cause you problems in the future. Even though your siblings have surrendered their rights to the property, if you decide to sell, you will still have to get them sign releases to satisfy the title company. You will be causing problems for your heirs if you don't get the title to the house cleaned up now.
You should also keep in mind the homestead and elder exemptions for property taxes available in Texas. |