Amarillo, TX asked in Family Law and Probate for Texas

Q: I am preparing a TODD and my deceased husband's former wife's name is still on the deed. I am asked to sign name on deed

The instructions say to sign name exactly as appears on deed. My husband and his wife were divorced many years ago and he got the house; he left the house to me, but the only proof that it was his is the divorce papers. How should I sign the TODD?

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3 Lawyer Answers
John Michael Frick
John Michael Frick
Answered
  • Frisco, TX
  • Licensed in Texas

A: Exactly as YOUR name appears on the deed.

John Michael Frick
John Michael Frick
Answered
  • Frisco, TX
  • Licensed in Texas

A: The prior chain of title involving your deceased husband and his former wife is irrelevant to how you need to sign your TODD to ensure that the property passes outside of probate in the event of your death.

John Michael Frick
John Michael Frick
Answered
  • Frisco, TX
  • Licensed in Texas

A: To be clear, if your deceased husband left the property to you in his will, you would need to probate his will for title to vest in your name if you haven’t done so already.

If he left it to you in a TODD, you do not sign that deed. He must have already signed and recorded the TODD transferring the property to you in the event of his death before he died. If he didn’t both sign and record it, it’s now too late since he’s dead. You’ll have to probate his estate in order to vest title in your name.

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