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Texas Estate Laws And Name on Deed Removal

Whitehouse, TX |

My Father passed away over 5 years ago, but My Mother left his name on the deed.
She is now terminally ill and wants to sell the house to pay her medical bills (or deed it to me if there isn't enough time). How should she proceed in removing his name from the deed?

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Attorney answers 1


If your dad died intestate (meaning without a will), then a title company may well accept a copy of his death certificate and an affidavit of heirship since 5 years has passed. You should inquire directly at a title company and recommend that any prospective buyer use the title company which accepts this form of transaction structure. Otherwise, she can execute a reverse mortgage, which would allow immediate access to funds for medical, and still allow you to pay off the loan (usually limited to 80% of fair market value), and keep the house after she passes, if you so choose. Good luck

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