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?

UPDATED: Oct 7, 2013

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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


Nathan Wagner / Law Office of Nathan Wagner

Answered 9 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.

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