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Updated about 6 years ago on . Most recent reply

Account Closed
  • Specialist
  • San Antonio, TX
351
Votes |
865
Posts

Title issue for death without a will in Texas

Account Closed
  • Specialist
  • San Antonio, TX
Posted

Here is the setting:

Husband dies.

He buys a home with wife and they had no children together.

Husband had 3 children former marriage. Two of which are not reachable.

On the deed it clearly states husband and wife.

The property was not probated and no will was made.

I assumed that the survivor spouse gets the property since it was own jointly as husband and wife. Now some closing agent is saying that the children of the former marriage needs to sign a deed as well. 

Anyone in Texas know more on this sort of thing?

Most Popular Reply

User Stats

11
Posts
7
Votes
Kelly Wright Kelly
  • San Antonio, TX
7
Votes |
11
Posts
Kelly Wright Kelly
  • San Antonio, TX
Replied

 .  I'm assuming it's in Bexar County. If so the probate court most likely already appointed the attorney ad litem for the kids.  If so, you need to pull the probate pleadings to see who that is and contact them to see if they will agree to the sale.  If they do, you probably don't need to go to the expense of hiring an attorney as the ad litem will do the work to get the court's blessing on the sale.  

If it's a Bexar County case you can search on the county clerk's website for the case number and then go in person to the clerk's office to get a copy of the petition, the order appointing the ad litem and the order appointing the administrator. 

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