League City, TX asked in Probate and Real Estate Law for Texas

Q: What can I do if my mortgage company, Wells Fargo, refuses to remove my deceased husband from title without probate?

My husband passed unexpectedly in December without a will, our home was purchased during marriage and it is our homestead. Both of our names are on the title. We have 2 minor children together, no other marriages and no other children outside our marriage. I filed a heirship affidavit and a small estate affidavit to remove him from title. But WF refuses to remove him without going through Probate. I can’t afford to go through probate. What are my other options?

Update: I’m trying to do a loan modification to make my payments more affordable since there was a loss of income, and they won’t approve me unless his name is removed from the title.

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1 Lawyer Answer

A: The Deed is different than the Mortgage. There is no need to take your husband's name off the deed if you plan on living there for the resrt of your life. If you want to sell the property, you can manage the name issues at the closing. If there is something else ylou should get back to me.

Good luck!

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