We took over payments on my husbands daddies house and he died a month later in Texas. He had no will.?

Question

We moved into my husbands daddies house a month before he died and took over the payments. He had a wife but she agreed. Only his name was on the loan. He had 4 other kids. There is no will. What do we need to do to make it legally ours. His wife is still living and wants us to have it. Please give me good advice. No stupid answers because I am making payments on the house..Thanks

Answer 1

OK. No stupid answers. Just a comment that you are lucky that this situation occurred as quickly as it did, since YOU made a rather stupid move. You can't just 'take over payments' on a mortgage and expect to gain ownership of a house. The transaction must be handled according to contract regulations.

If Daddie left no will, chances are that the wife inherited ownership of the property, OR that the wife inherited half, with the other half equally distributed amongst all five surviving children. That depends on how Texas law handles estate succession in the absence of a will.

Given that the house is now in the hands of the estate, you will have to DEAL with the estate and gain the permission and agreement of all parties involved to have ownership transferred to you. In addition, you need to refinance that mortgage in YOUR names, if you want any of the tax deduction benefits which come along with home ownership. You cannot legally deduct interests paid on a mortgage unless YOU are legally responsible to pay said interest. That means YOU have to hold the mortgage. The same applies to any property taxes.

Consult a good attorney who handles estates intestate (those without a written will)

Answer 2

Something tells me this is not the whole story. I would consult an attorney versed in these matters and suggest that the wife of your late father do the same.

Answer 3

Even in the absence of the will, the wife will need to get home in her name as she is the one who legally inherited it. Once it is in her name she can then quit claim deed the property to you, sell it to you for $1, etc to get the property into your name.