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My father died intestate..what do i have to do to get his house under my name. My mother is still alive.

Odessa, TX |

father passed, no will
house in his name
my mother still alive
i am the oldest of three
i live in the house and have made improvements
everyone in the family knows the house was given to me by my dad

Attorney Answers 2


  1. There are some missing facts an attorney would have to know to fully answer this. These would be:

    1. Was your mother and father still living at the time of his death. Or if not, was there another spouse?
    2. Is your mom living in the house as well?
    3. Would she be willing to transfer it into your name?
    4. Would you accept the loss of property tax and capital gains benefits?
    5. Would your sibliings be willing to sign away their interests?
    6. Are the two other siblings also children of your parents (blood descendants)?
    7. Was the house community or separate property, and/or does your mother have a constitutional life estate in the house?
    8. Are (or were) there creditors or open balances of debt owed by your father at his death?
    9. Did your father die with any debts owed to Medicaid?

    Depending on your answers to these additional questions, there are a few possible solutions allowed by Texas law.


  2. You ( and your mother) need to sit down and go over the situation in detail with a good probate attorney. Your father's estate does need to be settled, but my guess is that the house now belongs to your mother. Good luck.

    For educational purposes only. No attorney-client relationship was created by this communication.