Do I need to remove the name of my deceased husband from the house deed in Texas? Also how do I add my sons name to the deed?

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My spouse is deceased, deed is in both our names, I want my name and my sons name on the deed. Thanks!

Attorney Answers

3
Barry Poulson ·
An attorney can draft a deed from you to yourself and your son, assuming that the estate is in order. Take a death certificate and prior deed to an attorney, discuss any tax consequences. Possibiity of a life estate for you.
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Orsen Paxton ·
No. Do not do what the Michigan attorney has suggested. That will not clear title in Texas. It will make things worse. There are so many negative ramifications of doing that I cannot possibly list them all. I see that you classified this question under "prenuptials" but you did not mention anything about a pre-nuptial agreement in the facts. If there is an enforceable prenup agreement then whatever it provides will effect the answer. But, ignoring the prenup issue for the moment, Texas is a community property state. If the house was acquired during your marriage then it is community property and it is owned half by each spouse. You do not state whether or not your husband had a Will. The answer to that question will affect the answer here. You do not state if your sons are also your husband's sons. That will affect the answer to your question. You need to consult with an attorney experienced in probate matters.
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Kimberly Pinkerton ·
If your spouse had a will you can probate the will in the County where he lived at the time of his passing. If he did not leave a will and died intestate then you can have an attorney prepare an Affidavit of Heirship for you which would be an affidavit that states that family and marital history of your spouse and include any real property owned by him at the time of death. The affidavit would list any heirs (including your son) and if you and your son were the only heirs then upon recording the affidavit of heirship in the County Deed Records where the property is located it will automatically put the property in both you and your son's name. Thereafter, if you want to convey your interest into the property to your son you can have an attorney draw up a Warranty Deed which would convey your interest in the property to your son.
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