Does she need a will?

UPDATED: Sep 30, 2022

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Does she need a will?

Girlfriend purchased a house a long time ago with her parents since then her dad has passed away however mom is 91 and not doing well health wise. does she need her mom to make a will even thought my girlfriends name is on the deed and loan papers?

Asked on August 18, 2017 under Estate Planning, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If the house was owned by them as "joint tenants with right of survivorship," then on her mother's death, it automatically becomes the property of the surviving "tenant" (or owner)--i.e. of your girlfriend. If owned some other way (e.g. as "tenants in common"), it would be a good idea to have a will to clarify what happens, especially if there is anyone else (e.g. a sibling of your girlfriend) who may have rights to inherit the mother's share in the absence of a will.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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