Houston, TX asked in Probate for Texas

Q: My spouse died without a will, he has children from a prior marriage, he gave up his parental rights to 3 of them

I'm wanting to put the home in my name, what forms can I use to have them sign over their portion of the property. I'm about to hire an attorney, but if they contest, then it will cost me a lot more money. I've never met 3 of the children, so I need to figure out a way to approach them and ask them to do this.

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1 Lawyer Answer
Terry Lynn Garrett
PREMIUM
Terry Lynn Garrett
Answered
  • Probate Lawyer
  • Austin, TX
  • Licensed in Texas

A: As your probate attorney will tell you, you cannot simply put the house in your name. But Texas Rules of Descent clearly state who gets what percentage and that the surviving spouse has the right to live in the home for life.

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