El Paso, TX asked in Estate Planning and Probate for Texas

Q: My father passed away 4 years ago and left his house to me and my kids. How can I put it under my name only?

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

A: This question requires more information, i.e. was there a will, was it probated, are the kids minors or adults, was property separate property or community owned property, etc.

Please provide more details in order for someone to provide general information (remember this forum is for general information).

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

A: If there was a Will, you can hire a local probate lawyer to probate it as a muniment (defense) of title and record the Court's judgment in the county deed records.

If there was no Will, two witnesses who can testify that you are the heir and the only heir can sign an Affidavit of Heirship before a notary. You can record that in the county deed records. If five years pass with no one complaining that it is inaccurate, a court will enforce it.

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