What to do if I have a Deed of Trust on a house in both mine and my late mom’s names but I now want to sell?

Get Legal Help Today

 Secured with SHA-256 Encryption

What to do if I have a Deed of Trust on a house in both mine and my late mom’s names but I now want to sell?

My mom, who was on on Social Security, could not purchase this home without me being on the deed. Now 10 years later ,she has past away and I’ve been making the mortgage payments (since I’m legally responsibile for those payments). I would like to sell the house but I understand that I would not be able to do this because it not the same as a husband and wife buying a house. I would have to go through probate or an affidavit of heirship or something like that. Is this true?

Asked on October 7, 2013 under Estate Planning, Texas

Answers:

Nathan Wagner / Law Office of Nathan Wagner

Answered 8 years ago | Contributor

It depends on how the deed to you and your mother was written. If it says you and she are "joint tenants with right of survivorship" or words to that effect, your mother's share of the house automatically transferred to you when she passed away.

If it says you two are "tenants in common," or words to that effect, then your mother's share passes to her heirs, according to her will. In that case (and assuming that you are her heir), you have to go through probate or use a small estate affidavit.


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 with SHA-256 Encryption