Legal Question in Wills and Trusts in Texas
Deceased name from deed
My father just passed away and he and my mother own a home in Texas and some land and partially built log cabin in Oklahoma all in both their names. Do we need an attorney to remove his name from the Deed or will the Certified Death Certificate work? The Oklahoma property needs to be sold, can mom sell before taking his name off or does that need to be done first and how do we go about doing that?
1 Answer from Attorneys
Re: Deceased name from deed
You need more than a death certificate to remove a name from real property in Texas. I am assuming that there is no will, so we would have a number of options depending on what was left in the estate. If all that is left is the real property, and there are no debts or other assets, then we could do an heirship affidavit for the Texas property.
As for the OK property, you need to check with an OK lawyer, as I am not licensed to practice there.
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