Can probate be avoided in transferring house to spouse?

Q. I am trying to keep my wife from having to put my estate through probate when I pass. I have filed a transfer on death deed with the Harris County Clerk’s Office for our house that is in both our names. No one at the county clerk’s office can tell me what to do next.

Will my wife have to hire an attorney to finish this transfer after I die, or should I consult with a real estate attorney now so we will know what she needs to do?

A. Assuming you prepared the transfer on death deed correctly and it passes ownership of your house to the one of you who outlives the other, all that the survivor will need to do is file an affidavit of death in the county deed records after the other spouse dies.

There is no need to go to probate court for that property, although you may still own other assets that require probate.

You can download an affidavit of death form as well as instructions explaining how to complete it and record it from the Texas Law Help website at texaslawhelp.org.

At the website’s homepage, enter “affidavit of death” in the search bar at the top of the page, and the first result of your search will be a link to the form and instructions.

Q. I’m a caregiver for my disabled brother-in-law who is a double amputee, visually impaired and 71 years old. A local air-conditioning company came to his 1,200-squarefoot house for a system check and sold him a new $18,000 system. The repairman convinced him to put 50 percent down, and because of his vision problems, the repairman filled out the check and had my brother-in-law sign it. Once I found out, I called the company and tried to negotiate a simpler system, but they wouldn’t agree. One of the company’s employees also filled out the check for him to sign for the balance that was owed. My brother-in-law is

reluctant to complain, yet I consider myself his advocate. Do we have any legal options?

Texas law very clearly states that an elderly individual (defined as anyone 60 and older) has the right to manage their own personal affairs. And that means the person can buy an expensive air-conditioning system if that is what they want to do. However, it is illegal for a company to overcharge or exploit a person who is elderly or disabled.

Therefore, you should start by calling the Texas Abuse Hotline at 800-252-5400 to report the exploitation and see what options are available. This is also the phone number for Adult Protective Services.

Your brother-in-law could also hire an attorney to put pressure on the company to issue a refund for part of the price and to explore whether he has been financially abused.

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.