To probate the will or not to probate in the state of Texas?

Asked by angie4540, Dallas, TX Tue Feb 5, 2013

My husband and I were common law spouses in the state of Texas back in 1987. I was deeded a parcel of land free and clear with no monies owed or liens against this particular property and it was deeded in my name only . My husband and I decided to build a home on it and did not need to borrow from a bank to do so; late on we decided to to do a home equity loan for home improvements using the property as collateral. There is still a balance of $30,000. owing on this loan as of today. My husband passed away 3 years ago and left a will that has not been probated through the courts, in the will he left everything to me but none of the possessions had his name on them. Now to get to the question I have - am I able to sell this property without having to probate the will?

F.Y.I. bank loan is 4 months in arrears and in jeopardy of being foreclosed. My husband had 5 children from previous marriage.

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Bruce Lynn, Agent, Coppell, TX
Tue Feb 5, 2013
You need to speak to a family attorney.
I have a couple of good referrals if you need them.

I don';t think you can sell without probating the will ...but this is a legal questions for the lawyers.
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T.E. & Naima…, Agent, Dallas, TX
Tue Feb 5, 2013
Some questions your attorney is going to ask you are:
Did your common law husband live with you in the house?
Did your husband sign the home equity loan paperwork?
Did the children also live in the house?

You have only 4 years to file for probate. But with the impending foreclosure, you need to find out earlier than that what the legal status of the house is from an attorney.

While some of us Realtors have been trained in these matters, we cannot give specific legal advice to you.
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Dallas Texas, Agent, Dallas, TN
Tue Feb 5, 2013
You need confer with an attorney. Many more questions need answers outside scope of Realtors profession.

Lynn911 Dallas Realtor & Consultant, Credit Repair Advisor
Multimillion Dollar Sales Producer

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Holt Barber, Agent, Plano, TX
Tue Feb 5, 2013
You really do need to contact a lawyer or title company. We Realtors can't answer this because it would be construed as practicing law. I just went through a situation like this an can give you direction on who to contact. If you're interested email me.

Holt Barber | CRS, CNE
Ebby Halliday Realtors
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Kenneth "Ken…, Agent, Dallas, TX
Tue Feb 5, 2013
Contact a Lawyer.

Turtle Creek Realty
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