San Antonio, TX asked in Estate Planning and Real Estate Law for Texas

Q: My father committed suicide in 2006 & left No will how can we get my moms name on the deed or sell it?

We have paid the mortgage prior to his suicide & have continued to do so for 13 years. My father left no will. He killed himself in this house after trying to murder my mother in front of me so we both struggle with PTSD & its not a healthy environment for us. Please advise

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

A: If your father's only children are also your mother's children, ask two people who can witness to this sign an Affidavit of Heirship before a notary public and record it in the county deed records.

Kyle Robbins and Tammy Lyn Wincott agree with this answer

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

A: If your father only had children with your mother, then your mother can have an Affidavit of Heirship prepared so she can sell the house (assuming they were married). If he did have children from a previous relationship, then you might still be able to do this, but it gets more complicated because the children will also be heirs.

Tammy Lyn Wincott agrees with this answer

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

A: I am sorry for the trauma you and your mother have suffered. I suggest filing the Affidavit of Heirship referred to by the other attorneys. It is most likely the least costly and most efficient way to transfer title when all children are of the same marriage. It gets more complicated if your father had children from another relationship.

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