What kind of document needs to be signed to release the rights to property left without a Will?
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What kind of document needs to be signed to release the rights to property left without a Will?
My mom and her sister bought a house 10 years ago and for financial reasons the house was put in her sister’s name only. Then a year later her sister passed away and did not have a Will. My mom has been living in the house ever since. My cousins have not signed the house over to my mom and we would like to get it put in her name. What kind of documents do we need them to sign so we can get this done. They have no interest in the property.
Asked on September 23, 2011 under Real Estate Law, Texas
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
If your aunt, your mother's sister passed away without a will, was her estate adminstered in a probate proceeding? When a person passes without a will or a trust, their estate is adminstered in an administration proceeding filed in the superior court where the person last lived. In it, the court determines the assets of the deceased and they are distributed to the deceased heirs under statute, called intestacy laws.
If there was a trust for your aunt, then the aunt's estate would be distributed under a trust administration.
I suggest that your mother consult with a wills and trust attorney regarding your question in order to see whom ends up holding title to the home so that title can later be transferred over to her by a deed.
Good luck.
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