How do I put my late grandmother’s house in my name?

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How do I put my late grandmother’s house in my name?

My mother is 3 years behind on her property taxes and I am considering trying to put the house in my name and paying the taxes to save the house. The house is currently in my grandmother’s name but my mom has lived there since my granny died 26 years ago.

Asked on January 17, 2012 under Real Estate Law, Texas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

In order to answer your question, you need to first see how legal title to the home is held. If title is in joint tenancy with your mother and your late grandmother, your mother took legal title to it by operation of law. What needs to be done is to get a certified copy of the death certificate of your late grandmother and then have your mother sign an affidavit of surviving joint tenant before a notary public and then record it with the county recorder's office.

If title is not in joint tenancy, you will either have to probate your grandmother's Will assuming there is one, have an intestacy proceeding if there is no Will or have a trust adminsistration if there was a trust. I suggest that you consult with a Wills and trust attorney further about the question your are writing about. You need to bring a copy of the current deed to the property to the consultation.


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