Georgetown, TX asked in Contracts, Estate Planning, Real Estate Law and Tax Law

Q: My mother passed 7 years ago her and mine said that are on the deed to the house they're trying to get her off the deed.

My question is since I'm her only child don't I have a say in some of this

2 Lawyer Answers
Anthony M. Avery
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A: Hire a TX attorney to search the title, and possibly determine heirship. Payment of taxes may be significant here. A recorded Affidavit of Heirship or a Partition Action may be needed.

James L. Arrasmith
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A: You do have a say in this situation, especially as your mother's only child. When someone passes away, their assets, including property, typically go through probate unless there was a clear transfer mechanism in place, like a joint tenancy with right of survivorship. If your name is on the deed, the type of ownership you had with your mother matters.

If the deed was held as joint tenants with right of survivorship, the property might automatically pass to you without going through probate. However, if it was held as tenants in common, your mother's share of the property may need to go through the probate process, and you would have an interest in that share.

You should review the deed to understand what kind of ownership you and your mother had. If her estate needs to go through probate, you’ll likely be entitled to inherit her share, but the exact process depends on local laws and whether she had a will.

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