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Do we need an estate attorney for my mother's house inheritance?

Do we need an estate attorney for my mother's house inheritance?

Q: Do I automatically inherit my parents' house?

You do not automatically inherit your parents' house unless there is a will stating so. If your mother died without a will, Texas intestacy laws will determine how her estate, including the house, is divided among her heirs. Consulting a probate attorney can clarify your rights and the inheritance process.

Full question:

My mother passed away in October 2007. My sister wants to put the house in her name. She's living in the house and she's single. I'm married with 3 kids. My mother wanted us to split everything so I want the house in my name. Also, in case anything happens to my sister I'll be the executor. Do we need an Estate Attorney or a Probate Attorney, so we both can understand all of this. The house is paid off. I have kids and want them to be apart of the homestead also. Who do we need to talk to? We are not fussing and we do get along we just need to know what to do. My sister says if she decides to sell the house then we'll split everything down the middle, but she's not ready to sell yet.

Category: Wills and Estates
Date: 04/07/2025
State: National

Answer:

If your mother lived in Texas and didn't leave a will, her estate may qualify for a summary administration process if her assets are under $50,000, excluding the homestead and exempt items. This process avoids the formalities of typical probate. A probate attorney can help clarify your situation and answer any questions you have. It's advisable for both you and your sister to consult with an attorney to understand your rights and options regarding the house.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

How do I put my dead mom's house in my name?

To put your deceased mother's house in your name, you will need to go through the probate process, especially if there is no will. If the estate's value is under $50,000, you may qualify for a simplified probate process in Texas. This involves filing necessary documents with the court to transfer ownership. Consulting with a probate attorney can help you understand the steps and ensure the transfer is done correctly.

How do I get my mom's house in my name?

To get your mom's house in your name, you must follow the probate process if she passed away without a will. If the estate qualifies, you may use a summary administration process in Texas. This typically involves filing a petition with the probate court. An attorney can guide you through the process and help ensure that the title is transferred properly.

Do I automatically inherit my parents' house?

How to transfer house title after death?

To transfer a house title after death, you typically need to go through probate. If there is a will, it will dictate the transfer. If there is no will and the estate qualifies, you may use a simplified process in Texas. You will need to file the appropriate documents with the probate court to change the title officially. An attorney can assist with this process.

How do I keep my parents' house after death?

To keep your parents' house after their death, you may need to go through probate to establish your ownership rights. If the estate is small enough, you might qualify for a simplified probate process in Texas. Ensure you understand your rights as an heir, and consider consulting an attorney to navigate the legal requirements effectively.

Can I live in my mom's house after she dies?

Yes, you can live in your mom's house after she dies, but you need to ensure that the title is transferred to your name through the probate process. If there are other heirs, you may need to come to an agreement with them regarding the property. Consulting with a probate attorney can help clarify your rights and responsibilities.

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