My husband did with out a will do I have to get an attorney to get the land we own in my name only?

UPDATED: Jul 19, 2017

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My husband did with out a will do I have to get an attorney to get the land we own in my name only?

Was both our first and only marriage and we have two children and he had no other children.

Asked on July 19, 2017 under Estate Planning, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If the land is already in your name only, then you don't need to file an action or probate to get it into your name alone.  However, if you are concerned that there may be an issue with a buyer or creditor not accepting your title, then take the title documents to an attorney for a basic consult to see if there is anything that you may want to clear up with a probate or suit to clear title.

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 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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