Legal Question in Wills and Trusts in Texas

My husband passed away with out a will everything is in my name except our home was in both he does not have any children but is survived by mother,father and 3 siblings what do i need to secure the property i have some documents that we had signed before his death but not sure what i would need.


Asked on 1/30/12, 9:57 am

2 Answers from Attorneys

Brian Thomas Burdette & Rice PLLC

In all likelihood, you might be able to take advantage of one of several informal probate procedures in Texas. An Affidavit of Heirship or even a Small Estate Affidavit could very well be the best solutions, in place of an expensive or time-consuming administration. Unfortunately, you don't mention enough of the relevant facts to direct you without much more certainty. The solutions that I've mentioned are very routine and relatively inexpensive. I would suggest that you make at least a few phone calls to probate attorneys near you. Be ready to discuss your husband's debts (if any) as well as his assets, and ask specifically if either of the informal alternatives that I've mentioned are applicable under your facts.

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Answered on 1/30/12, 10:06 am
David Leon David L. Leon, P.C.

I'm sorry to hear about your husband. As for what to do, I would need to review the documents you and he signed. Also, I need to know when you bought the property (before or after your marriage). Finally, I need to know if your husband has any other property or debts.

There are some fairly common procedures we can do, but each proceeding is fact specific.

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Answered on 1/30/12, 10:06 am


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