Posted on: 18th Nov, 2008 11:21 am
My husband pass away this past July and we have properties in Texas but both deeds are under his name only...my name only shows in one of the mortgages. My questions is: What kind of right do I have on these two properties????? Can I sale them or do I need to wait for probate?
Hi confuse!
Welcome to forums!
If your husband has left a will which mentions who owns the property after his death, then the property will go into probate. If he hasn't left a will, then you can file an affidavit of heirship in the county recorder's office. This will help in transferring the ownership in your name. Once its in your name, you can sell the property but then the mortgage will become due.
Feel free to ask if you have further queries.
Sussane
Welcome to forums!
If your husband has left a will which mentions who owns the property after his death, then the property will go into probate. If he hasn't left a will, then you can file an affidavit of heirship in the county recorder's office. This will help in transferring the ownership in your name. Once its in your name, you can sell the property but then the mortgage will become due.
Feel free to ask if you have further queries.
Sussane
Thank you Sussane, but I think things are more complicate it. My husband had two kids of prior marriage and both kids are over 18 years of age and my husband didn't have no will.....so I think his case will have to go to provate. It just one of the properties have tenants and they are not plesant at all. I need to know what can I do to get rid of them soon without waiting for provate.
Thanks,
Soooo confuse.
Thanks,
Soooo confuse.
Consult with a probate attorney immediately. The attorney may be able to get an expedited injunction to fix your situation right away.
