If mymom died with no Will and my siblings andIwant to give the house toour sister, how dowe go about doing this?

UPDATED: Dec 27, 2011

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If mymom died with no Will and my siblings andIwant to give the house toour sister, how dowe go about doing this?

Asked on December 27, 2011 under Estate Planning, Texas


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If your mother passed awat without a Will or a trust in place, I first suggest that you presently look at the deed of the home you are writing about to see if it is in joint tenancy with your mother or another person. If so, the other person assuming he or she survives your mother gets the home by operation of law.

If not, you will need to file a petition to administer your mother's estate through the probate court since your mother died without a Will or trust (intestacy process). You should consult an attorney about this process. In any event if the home is an asset of the mother's estate, all siblings can disclaim in writing an interest to the house where your sister that you all want to have the home gets it per a court order. The court order is then recorded with the county recorder's office transferring title to the home to your sister.

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.

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