Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Eric James Smith
5 Answers | Asked in Estate Planning, Real Estate Law and Probate for Texas on
Q: Does a deed need to be in parent's name in order to be considered an heir to property?

Parent died and spouse still living but the house deed was never put in his name.

Eric James Smith
Eric James Smith answered on Oct 3, 2019

The name on Title / deed does not affect the community or separate character of the property. If the property was acquired during marriage there is a rebuttable presumption that the property is community property, regardless of whether the spouse is on the title, and that surviving spouse would... Read more »

View More Answers

4 Answers | Asked in Estate Planning for Texas on
Q: Does real estate owned by a testamentary trust fall under ‘community property’?
Eric James Smith
Eric James Smith answered on Sep 18, 2019

A property is not owned by a trust. A trust is an agreement, not a person or entity. Property is owned in trust, by the trustee(s) for the benefit of the beneficiaries. Testamentary trusts spring at the death of a testator and are defined in the testator's will. You have not said what role, if any,... Read more »

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.