Q: Does a deed need to be in parent's name in order to be considered an heir to property?
Parent died and spouse still living but the house deed was never put in his name.
A: Yes. The deed is not just some piece of paper but the official record of who owns the property.
A: The name on Title / deed does not affect the community or separate character of the property. If the property was acquired during marriage there is a rebuttable presumption that the property is community property, regardless of whether the spouse is on the title, and that surviving spouse would have a 1/2 interest in the property. In addition, a surviving spouse has a Texas constitutional right to remain in the marital home regardless of ownership in the property. If there is no will, a determination of heirship and a declarative judgment on the character of the property may be necessary to protect the surviving spouse's rights.
There is not enough information to answer your question. How is the house titled now? In the name of the parent who died? Does the parent who died have a will? Is the surviving spouse also your parent?
Or is the house titled in the name of the surviving spouse? If so, again, is he/she also your parent? Is the house his/her separate property, i.e. owned before the marriage or inherited?
Your best bet is to make an appointment with a local attorney for a consultation.
A: I'm not clear on your question. Are you asking because your an heir to the parent or the parent was an heir to someone else and then they died? Which spouse is still living? Please clarify your question.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.