Monett, MO asked in Real Estate Law for Texas

Q: M-I-L transferred title on her home to my husband. He died without a will. Can I transfer ownership back to her?

The property was transferred as is separate property and estate and gives her the right to live in the home during her natural life. I live in Missouri but want to transfer ownership back to her for a clear title in her name alone.

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1 Lawyer Answer
Nancy Hui
Nancy Hui
Answered
  • Pearland, TX
  • Licensed in Texas

A: What you described is that your mother In law has the life estate and your husband has the remainderman interest. You have to see how the deed is written. It may say who is the successor remainderman if your husband does not survive her. But regardless, you do not have the authority to deed it back to your mother in law because there is never any interest passed down to you.

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