What You Need To Know When You Inherit A Home

We all have a basic sense of where property goes when we die, and that's to our family members. Beyond that, inheritance can be a very complicated matter.

Texas inheritance laws were created with the intent of providing for your loved ones, but our laws don't always reflect the wishes of the deceased person. Division of property can become confusing when dealing with divorce, step children, non-marital children, a predeceased child or spouse, or even a long-term significant other that lacks inheritance rights. We can effect the outcome of inheritance by leaving a Will behind or by creating lifetime transfers and gifts. But with or without a Will, we still need to figure out the big questions: who gets my property and how title is transferred after I die?

Our clients are sometimes surprised to find out that mere inheritance does not transfer title to the new owner - some type of legal transfer has to occur.

Texas is unique in the fact that we have three basic forms of title transfer when someone dies. We can submit an Affidavit of Heirship to determine the heirs of a deceased person's estate, we can Probate a Will as Muniment of Title, or we can Probate the estate of a deceased person.

For Probate Administration With The Benefit Of Real Estate Experience

At McAlister & Garcia, we offer a different perspective than many other law firms. Our attorneys combine their probate law experience with their insight into real estate law, specifically when it comes to clearing up titles for real property.

If you are looking for a probate attorney, our Fort Worth firm can help. Our lawyers have the experience necessary to guide you through the process that follows Texas law.

We offer representation and solutions for:

  • Estate administration
  • Will contests
  • Estate planning
  • Trust contests

Few firms have our unique combination of experience with titles, real estate and probate. Our guidance allows clients to choose the best method available to transfer title after inheriting a property.