Asked in Real Estate Law and Probate for Texas

Q: Mother in law dies without will my husband also dies before affidavit

I filed affidavit and it has been filed thru deeds office. I have a buyer for the property and the title company wants to give half of sale to his living father. My husband has put property in his will to me, even though it wasn’t in his name.

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1 Lawyer Answer
Isaac Shutt
Isaac Shutt
  • Probate Lawyer
  • Richardson, TX
  • Licensed in Texas

A: Assuming that your husband died after his mother, then you really should probate your husband's will. If you don't, then his heirs under Texas law inherit it's incredibly important for you to get a probate attorney to probate his will pronto. The process can take a while, so get a probate consult as soon as you reasonably can.

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