North Richland Hills, TX asked in Estate Planning and Real Estate Law for Texas

Q: My mom is remarried for 30 years. Lives in Texas and bought a home in her name only its her house. Should I be on it?

He has kids that I don't trust. She does have a will

Can she add me without him knowing?

2 Lawyer Answers

Terry Lynn Garrett

PREMIUM
Answered
  • Estate Planning Lawyer
  • Austin, TX
  • Licensed in Texas

A: What to do is completely up to your mother. She can add a codicil to her Will or make a new Will but, if the property is her separate property, she might prefer to sign and record a Transfer on Death Deed or a General Warranty Deed with Extended Life Estate (also called a Lady Bird Deed) which automatically passes property upon her death. Note that the surviving spouse is allowed to live in the homestead for life whether it is separate or community property.

James Norman Willi agrees with this answer

1 user found this answer helpful

James Norman Willi

Answered
  • Estate Planning Lawyer
  • Austin, TX
  • Licensed in Texas

A: I highly recommend that your mother discuss these issues with an experienced Texas estate planning attorney. There are several different options that she could use to achieve the same result.

1 user found this answer helpful

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