Legal Question in Wills and Trusts in Texas

My husband died his only child is my child we bought a house in 1998 and his name is the only name on the loan he died a few year ago and I have made all payment on the property the house was the only thing in his name what do I do now?


Asked on 1/11/12, 1:24 pm

2 Answers from Attorneys

Brian Thomas Burdette & Rice PLLC

I'm very sorry for your loss. It's primarily important to know whether or not your husband died with a Will, what other assets exist and what other debts exist. In many cases, a person might die without a Will, owning only a home and owing no significant debts other than the mortgage. In such a case, the solution might be as simple as completing and filing an Affidavit of Heirship, which spells out specific family facts and is recorded in the county deed records. With your husband's name being the only one on the loan, it's also very likely that the lender would permit you to assume the mortgage and continue making the payments that you are, with any adjustments made based upon your own credit.

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Answered on 1/11/12, 1:29 pm
David Leon David L. Leon, P.C.

I'm sorry to learn of your husband's passing. Before I can tell you what to do, I need to know when your husband died, and whether or not he had a will.

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Answered on 1/11/12, 8:08 pm


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