Mesquite, TX asked in Estate Planning for Texas

Q: If I was the beneficiary on my grandmothers life insurance can I transfer the deed on her home into my name?

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2 Lawyer Answers
Terry Lynn Garrett
PREMIUM
Terry Lynn Garrett
Answered
  • Estate Planning Lawyer
  • Austin, TX
  • Licensed in Texas

A: No. Being named the beneficiary on the life insurance policy entitles you to the life insurance policy money. To be entitled to the home, you must (1) be on the deed "joint with right of survivorship" or (2) be named in (a) a Transfer on Death Deed or (b) a General Warranty Deed Reserving an Extended Life Estate a/k/a a "Lady Bird" Deed (3) be willed the home in a Will or (4) be the only heir.

Tammy L. Wincott
Tammy L. Wincott
Answered
  • Estate Planning Lawyer
  • San Antonio, TX
  • Licensed in Texas

A: Expanding upon Ms. Garrett's answer below - even though it may seem obvious who the heirs of decedent are without an order from the court determining heirship, small estate affidavit, or affidavit for heirship filed in real property records the property would not be "lawfully" yours. All of the above require different criteria and have different levels of effect. I strongly advise you to consult with a probate attorney for a personal analysis.

Best wishes.

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