Houston, TX asked in Estate Planning and Probate for Texas

Q: My wife passed away in 2004 and I did not probate her will which left everything to me.

I want to sell the condo which has my name and wife, then her name. Am I the owner now or do I have to probate the will? Harris County, Houston, TX

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

A: In order to get her 50% community property interest into your name and be able to sell 100% of the condo, you need to probate her Will as a Muniment (defense) of Title. You must hire a local probate lawyer to do this.

Tammy L. Wincott agrees with this answer

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

A: You will need a local attorney as Ms. Garrett stated. Due to the amount of time that has passed probating a will may be difficult. I suggest you seek out a local attorney.

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