Legal Question in Wills and Trusts in Texas

My husband passed away recently without a will. We owned a house together, and the house has a mortgage that has not yet been paid off. We also jointly owned a small tract of land in another county together, but besides this land, my husband owned no other property and had no other debts. I am trying to refinance the mortgage, but Wells Fargo is telling me that my husband's estate needs to go through probate. I tried to do a small estate affidavit, but I was told that this would not work, because of our second property. What should I do? Thanks in advance!

Asked on 5/17/13, 9:59 pm

2 Answers from Attorneys

David Leon David L. Leon, P.C.
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I'm sorry to hear about your husband. I would have to review your husband's other assets (bank accounts? cars?) Assuming there is no other assets, I can clear title to the property using affidavits of heirship. Feel free to call or email.

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5/17/13, 10:03 pm
Donald McLeaish McLeaish&Associates;, P.C.
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excellent advice from David Leon because in practically every county in Texas, you must have a lawyer

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5/18/13, 8:43 am

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