Best to get attorney for transfer of deed upon stepmother’s death
Q: My father died in 2017. We did the probate, set up testamentary trusts for me and my two siblings, and the only remaining asset is his home. His widow is happily living there, and she can afford to do so. Dad couldn’t have met a lovelier lady after Mom died. Before we could finish the deed for the house, our attorney died. Should we hire a new attorney now or
wait until the home is eventually sold? Is the title transfer something I could do myself with a little research?
A: It would be best to hire an attorney now and finish the probate.
The reason is because your father’s will created trusts for you and your siblings. By having an executor’s deed, it will be clear how the title to the property has passed, subject of course to your stepmother’s right to live there for the rest of her life.
You can try to prepare your own deed, but it would be best to hire an estate-planning attorney to prepare one for you.
Q: My father owns two properties, one in Harris County and another in Liberty County. Both properties still list my mother as a co-owner although she passed away a few years ago. Can my father sign a Transfer on Death Deed, or do we need to probate my mother’s estate first? Also, can a Transfer on Death Deed pass property to both me and my sister equally?
A: Your father will need to see that your mother’s estate is probated, otherwise there will still be title issues upon his death.
Once he has completed that process, he can then sign two Transfer on Death Deeds, which transfer the two properties to you and your sister in equal shares.
Q: I am a single, senior citizen woman with a will. My accounts and insurance policies all have either transfer on death or payable on death beneficiaries. I have no debt. If I execute a Texas Transfer on Death deed for my home and a Texas DMV form VTR-121 to list a beneficiary for my vehicle, will the executor of my estate still need letters testamentary? Can one get the letters testamentary directly from the court without any involvement from an attorney?
A: If all of your assets pass to your beneficiaries automatically at your death, then there will be no need for probate or for letters testamentary issued by the court.
However, if you outlive one or more of the beneficiaries you have designated, and an asset you own becomes an asset of your probate estate, then probate will be needed.
To get letters testamentary, you must go through probate. Whether an attorney is needed depends on the competency of your executor and the court’s policy. Most people hire an attorney.
The information in this column is intended to provide a general understanding of the law, not legal advice. Readers with legal problems, including those whose questions are addressed here, should consult attorneys for advice on their particular circumstances. Ronald Lipman of the Houston law firm Lipman & Associates is board-certified in estate planning and probate law by the Texas Board of Legal Specialization. Email questions to stateyourcase@lipmanpc.com.