Legal Question in Real Estate Law in Texas
What happens to property after one of owners dies?
My mothers house is in both hers and my name. She just passed away. She had no will. What happens to her half of the house? Does it become all mine(as we thought it would)or is her half of the house split between the 5 kids (including me) She was tolded if she put the house in both of our name, that when she died, it would go to me. But I was told no, that her half would be divided between the kids.
Need help,
Me
1 Answer from Attorneys
Re: What happens to property after one of owners dies?
I'm sorry to hear about your mother. As for your issue, this all depends on the type of deed she executed during her lifetime. If the grantee read "mother and daughter as joint tenants with rights of survivorship" then you would own the house (you'd still need to file appropriate paperwork in the county.) If not, then you have your half and your mother's half would be divided equally among the children, with you receiving a total 60% interest, and the remaining children having a collective 40% You can still clear title to yourself, but you would need to get everyone to sign off on it.
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