Asked in Real Estate Law for Texas

Q: How much to prepare a deed to remove wife who passed away from property? Current deed does not state community property

The current deed was issued in September 2017. Wife passed away in December 2017. Deed neither says joint tenancy or community property. Land is located in Edwards County, Texas.

Also, surviving Husband now has a Living Revocable Trust and needs to put property into that Trust.

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1 Lawyer Answer
Tammy L. Wincott
Tammy L. Wincott
Answered
  • San Antonio, TX
  • Licensed in Texas

A: If the property was purchased during the marriage, it is community property and it is not necessary to list the spouse's name. The way in which title is cleared depends on whether the wife died with a will, whether she had children born outside of this marriage, whether the property was homestead, etc. I suggest you consult with someone privately who can review the specific facts and provide advice from there; this forum is for general answers.

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