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

Q: Can we ourselves write up a document saying we "do not contest" our brother getting our parents home?

Dad recently died, No will, brother helped dad fix up house and put a lot of money into house so we want him to get the house for himself. We don't want any ownership or funds from the house.

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1 Lawyer Answer
Terry Lynn Garrett
PREMIUM
Terry Lynn Garrett
Answered
  • Probate Lawyer
  • Austin, TX
  • Licensed in Texas

A: The estate must be admitted to probate (proving) by a court. Then you can record a deed gifting your interest to your brother. If you file a disclaimer, your interest will go to your children. "Do not contest" applies to a Will and is a provision in the Will prohibiting contest.

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