View Full Version : anyone know this?
slipknotpsycho
01-16-2007, 02:49 AM
in the state of texas, if my grandma just signed an ordinary paper stating that upon her death am i to inherit her house.. would that technically be legal, and mean i get the house... or would i end up screwed because it's not an actual will (there's no way she's ever going to get around to doing so... and she's expressed before she wants me to have the house and no one else... and i want to ensure that happens... if anyone else in our family gets it, me and my wife and child will be kicked out on the street)
so would that work, in the state of texas (every state is diffrent)?
2600HERTZ
01-16-2007, 03:38 AM
In cases where there is no will, the inheritance law states that the estate still has to go through probate so that any creditors will get paid. Each state has its own procedure to follow in the case where there is no will, but the end result is that the family members do get any inheritance that may exist in the estate. The normal procedure is that if there are no children, the surviving spouse automatically gets the full estate. If there are children, then the division depends on the number of dependants. For example, the spouse receives one-half of the estate if there is one child and one-third if there is more than one child. In the event of each partner holding separate properties, the spouse receives the full value of the estate if the deceased does not have any surviving brothers and sisters.
http://www.1800probate.com/resources/inheritance-law.html
partyguy420
01-16-2007, 03:48 AM
(im not sure about any place except for the rez)
but when my grandma was filling out the paper work for her house... she was able to put my name on the paper, saying i get the house when she dies...
slipknotpsycho
01-16-2007, 03:52 AM
i'm still confused...
ok there are five children, any that would want the house, she doesn't want to have (my uncle and my dad) the others wouldn't want the house, and there is no actual money involved here... basicly all of her possesions would consist of the house and what's in it and her car... assuming my grandfather is already dead, if she wrote out that she wants me to have the house, would i get it?
if not, how would it work.. cuz there is nothing to split up... just a house and a car.. i'm kinda of blonde at times, and i have to have everything exlpained to me in easy to understand terms
what constitutes a will exactly? would it actually have to go infront of a lawyer, or one of those people who stamp documents to make it legal (i forgot what they're called :p) or what?
Bong30
01-16-2007, 03:54 AM
Give this a shot...
http://www.legalzoom.com/
slipknotpsycho
01-16-2007, 03:58 AM
thanks bong i'll check that out.
Bong30
01-16-2007, 04:07 AM
No prob....
partyguy420
01-16-2007, 04:10 AM
hey slip... im gonna file a power of attorny for me, into your name... just for shits and giggles...(that site has a form for it to)
BlueCat
01-16-2007, 04:16 AM
You know you can prepare and print a Texas Will on line for about $10 then you go to a Notary and have your grandma sign it there. Don't sign it until you're in front of the notary. There is usually a free Notary at your bank. Hope this helps :)
Skink
01-16-2007, 04:24 AM
The best would be to have her sell it to you for 1$ then you would not have to go thru probate ... I believe after 2 years of it being yours no one can touch you...
BlueCat
01-16-2007, 05:02 AM
The best would be to have her sell it to you for 1$ then you would not have to go thru probate ... I believe after 2 years of it being yours no one can touch you...
Wow that IS a good idea!:thumbsup: As long as it is all paid for otherwise wouldn't you have to get an appraisal?
BlueCat
01-16-2007, 05:04 AM
Skink your avatar is always so funny :D
couch-potato
01-16-2007, 05:33 AM
Yeah dude I'd talk to a judge or something A.S.A.P.
I know jack shit about legal stuff, I'm an artist but don't be lazy about this one.
Skink
01-16-2007, 05:40 AM
Wow that IS a good idea!:thumbsup: As long as it is all paid for otherwise wouldn't you have to get an appraisal?
I only assume the house is fre and clear... anything you would have to do now you would only have to do later...
it is a matter of recording the deed if no bank is involved...
Skink
01-16-2007, 05:41 AM
Skink your avatar is always so funny :D
Thanks BC:smokin: :smokin: :smokin:
birdgirl73
01-16-2007, 06:19 AM
Slipknot, there are other places like that Legal Zoom place that may cost less money. Just do a search. Homemade wills are perfectly valid if they're notarized and witnessed and filed with the county. And in most places in Texas, even handwritten, non-notarized wills are taken into account if they can be proven to be valid and if the other alternative is complete "intestacy" (absence of a legal will). You definitely want to make sure she gets her wishes on paper and gets it witnessed and notarized or sells the house to you before she passes because, if there's ever a clan that's likely to fight over an estate, I'm guessing your family is probably it. If she dies intestate and the house and its contents have to go through probate court, it'll likely be divided up equally among whatever heirs she has (after court costs are taken out--another reason for her not to let that happen).
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