Q: Who is the legal owner of my dads house and land now that he is dead? He left no will. He had a live in girlfriend.
At the time of his death, he had actually not been living at home, he had a small apartment. She stayed in his house. Nobody was ever told anything about him transferring the house and land to her but apparently he did using a Quit Claim Deed. He died in October but the deed was filed the following February. She claims it was because she had misplaced it. It was notorized back in July 2022. I knew nothing of this and being only 24 I have a lawyer and I live in San Antonio so I don’t know much about my dads stuff. We did the probate thing and a judge awarded me my fathers estate. So who is the owner of the house and land? Me or my dad’s girlfriend?
A:
It depends on facts not within your question.
If your father executed the deed and delivered it to his girlfriend with the intent to convey ownership to her prior to his death, but it simply wasn’t recorded until after his death, then it is most likely the girlfriend owns the property.
If your father executed the deed because he was thinking about leaving the house to his girlfriend but didn’t deliver it to her with such an intent because he was still thinking about it and hadn’t made up his mind, it is most likely yours.
Key facts will have occurred between July when the deed was signed and February when the deed was recorded. Who insured the property? Who paid any taxes during that period? Whose name were utilities in? Who maintained the property? If there was a loan against the property, was the lender notified of the transfer of title? Was the tax appraiser notified of the change of ownership? If there was an HOA, was it notified? Etc.
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