Edinburg, TX asked in Real Estate Law and Probate for Texas

Q: Texas: Father died in Mar, in Oct transf deed to my bro w/o telling my mom. Mom is not on the deed. What can she do?

Mom and I have paid taxes on this property no brother. I have proof. Father has history of criminal acts. This property was acquired during their marriage.

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2 Lawyer Answers

Tammy Lyn Wincott

  • Probate Lawyer
  • San Antonio, TX
  • Licensed in Texas

A: If you are referring to a Transfer on Death deed, both owners are required to sign. On other deed types your father can only transfer his share.

Terry Lynn Garrett

  • Probate Lawyer
  • Austin, TX
  • Licensed in Texas

A: If the property was acquired during marriage, your father can only transfer his 50% community property interest -- subject to your mother's right to remain in the home for life.

People who pay taxes on real property have a claim against the estate and should file this in the probate court. Paying taxes does not give an ownership right.

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