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JTPnTX

Texas Lady Bird or TOD deed

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Grandmothers Estate:


I’d like to mention starting off that  I’ve called 3 attorneys so far. 1 says I should do a Dresser Deed(No....Next). One says he has to talk to my Grandmother(lol she’s 93…not now)
The 3rd...I will be nice. We had a communication issue.
I will find an attorney but for now Im trying to do my homework as much as possible.

 

Issue:
House in Texas was purchased in 1948 and payed off in 1972. No leins or subsequent loans. No other significant assets.
Grandfather passed away in 1997.
My mother (single child) passed away in 2012.

So age is getting to grandma. She’s healthy for now but it’s coming. My brothers and I are wanting to keep this out of probate.

 

The existing WILL: 
Typical Husband < ----- > Wife setup. Then to my mom, then to her 3 sons. 
My 2 brothers and I get along fine and will agree to whatever is best.
 

My Grandfathers name is still on the Deed @ Dallas county. I pulled the deed and have a copy mainly for the legal description.
 

We are considering either Enhanced Life Estate Deed or Transfer on Death Deed.
These two Deeds are both simple and complex.

 

Assuming our current course of action is best My 1st and most important question is regarding the current Deed. Do we have to do anything to pull his name from it before we proceed. I cannot find any info on this.
 

Edited by JTPnTX

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Personally, I favor the TOD deed because I've had one in favor of my sister ever since the TOD law was passed in AZ.

 

12 minutes ago, JTPnTX said:

My Grandfathers name is still on the Deed

 

How?

 

Is it he and your grandmother joint with right of survivorship? Something else? The exact wording is critical.

 

If it's the former then the property became hers by law when he died and she should be able to execute a new deed showing her name and the names of the beneficiaries.

 

If the ownership is written some other way, you might have to probate his estate so the estate can deed the property to her first.

 

Google dallas texas transfer on death deed lawyer and look for lawyers that comment favorably upon them. Those lawyers are more likely to do them for a modest fee.

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The Waranty Deed does not mention survivorship and you're right community property in Texas doesn't automatically include survorship rights. 

So that brings me to to Probate his estate like you said. It looks like the is an affidavit of survivorship Texas.   So maybe thats all I need.

 

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