How can I gain ownership of a home willed to me?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

How can I gain ownership of a home willed to me?

My husband’s grandmother left a Will naming him the beneficiary of her house in her death in 2009. It is a typed, notarized document and my husband never had the house probated. What should he do to gain full ownership of the house? He was told he would have to have all living relative submit a letter expressing disinterest in the property. Is this necessary if he was raised by his grandmother, on the lease and mentioned in her last will and testament?

Asked on January 19, 2017 under Estate Planning, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

The will has to be probated. The will is the thing which will give him the house--the other factors you mention (being on the lease--though see below; having been raised by her) are irrelevant. If he was on the TiTLE with her, as "joint tenants with right of survivorship," or JTROS, it would be different: on the death of one of the co-owners, the house would automatically become his as the surviving co-owner. But apart from that situation, the property will only become his after probate, when a court orders (e.g. in accordance with the will) that it goes to him. And if it was validly willed to him (i.e. by a will that meets all the criteria for enforceability in your state), then what  the other relatives do or do not do will not matter: a valid will controls the disposition of property after death. The best way to do this is to hire a probate attorney to help you: the probate process an be complicated and technical, and the passage of 8 years will further complicate matters.
You mention that he is on the lease--did his grandmother own the home or not? If she did, the lease is irrelevant (for purposes of ownership); if she leased the home, however, she cannot leave anything to him (though he can negotiate with the owner to keep leasing or even to offer to buy).


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption