Legal Question in Wills and Trusts in Texas

Whether or not you would consider it an ordeal, you'll need to engage in at least some legal work. When a person dies in Texas, their property belongs to someone or several someones. Making a Will in Texas is a privilege that, when exercised, directs the decedent's property to the people that they choose. Dying without a Will means that the property will pass to the decedent's heirs as defined by Texas law. In either case, some steps must be taken in order to clear up title when it comes to real property.

Unless you've been appointed as the administrator of your mother's estate, or have taken the steps necessary to perfect your interest in the home, you cannot legally lease your mother's home. Any lease that you sign would be worth the paper that it is written on.

Contact an attorney in the Houston area. Shop around, as there may be some alternatives to formal probate that you can take advantage of. The Internet is a fine place to begin your search, or you might consider contacting the Houston Bar Association for a referral.

If mom didn't have a will, and she had no other debt (aside from the mortgage) then you may be able to clear title using a summary procedure, called an heirship affidavit. If there's a mortgage, you should act quickly, as things can get complicated if the mortgage falls into arrears. Feel free to call or email me if you want to discuss this further.

Dave

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