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Probate/Estate Attorney
Houston, TX
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Posted 3 months ago in Probate
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In 1966, my stepfather had purchased a house as sole owner. He and my mother had 4 children and even though they never "legally" married, she went by his last name, passport, drivers license, tax returns, etc. He passed in 1993, the house is paid for, taxes being paid by my mother, house is still in his name. Of course, no will. What steps does she have to do in order to transfer title in her name, so she can set up her will, etc. She has all the documentation, but needs to be pointed to right direction and possible estimation. Hopefully, this will be an easy task
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Answers (1)
James P. Frederick
This attorney is licensed in Michigan.
Posted 3 months ago.
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Your summary poses an additional question. Did your parents have a common law marriage? If so, then I believe your mother would be able to open a probate estate and obtain title to the property.
Under Texas law, a man and woman who want to establish a common-law marriage must sign a form provided by the county clerk. In addition, they must (1) agree to be married, (2) cohabit, and (3) represent to others that they are married. Assuming there was a common law marriage, the next question relates to the value of the property. There is a small estate procedure for estates valued at less than $50,000. If the equity of the property is less than this, then the probate proceeding could be eliminated, or at least abbreviated. If the value is more than $50,000, standard probate administration would be required. In the absence of a Will, Texas intestacy rules would apply. You should consult with a probate attorney to determine exactly how these laws would apply to your situation. In general, the Texas statute provides: Where any person having title to any estate, real, personal or mixed, other than a community estate, shall die intestate as to such estate, and shall leave a surviving husband or wife, such estate of such intestate shall descend and pass as follows: 1. If the deceased have a child or children, or their descendants, the surviving husband or wife shall take one-third of the personal estate, and the balance of such personal estate shall go to the child or children of the deceased and their descendants. The surviving husband or wife shall also be entitled to an estate for life, in one-third of the land of the intestate, with remainder to the child or children of the intestate and their descendants. Your situation may be more complicated by the fact that you referred to the decedent as your step-father. Step-children are normally not considered children, for purposes of inheritance. I believe you should contact a probate attorney as soon as possible to try to straighten out what could be a complicated mess. I wish I could give you better news, as far as your mother is concerned. This is often one of the unfortunate results in failing to properly plan your estate. Best of luck to you. James Frederick |
