What would happen to the house if something happened to the owner?

We have a house its under our mom's name and we 4 brothers none of our names are on the house except her. If something were to happen to my mom would the house automatically be transferred to her kids which is us 4 brothers or would the state of Texas take it up? Also we know its safer to have our 4 names on it as well since we are her kids how much does it cost to have our names on the house or the will? Is a lawyer the right person to ask or the state of texas or who? Thanks!!!!


The house is paid off there never was a mortgage or bank parents bought it and paid for it in full.

Update 2:

Also if anything happens to our mom we do not want to sell the house or anything we all want to still live in it we just want to make sure the house doesnt go to the states of texas or the city we live in thats all.

4 Answers

  • 9 years ago
    Favorite Answer

    For approximately zero money your mother could simply deed the house to herself with you and your brothers as "joint tenants with right of survivorship." When she dies, you will automatically and instantly obtain title to the house in equal undivided shares. There is no need to probate a joint tenancy.

    Were she to die without a will, the house would go to her surviving spouse or children in the proportions determined by the law of the state in which she was last resident. However, as part of her estate, the house could be sacrificed to pay off her final debts and taxes, leaving you with nothing.

    See a competent estate planning attorney in your area as soon as possible.

  • DON W
    Lv 7
    9 years ago

    The best approach would be for your mother to have a will, in which she states how she wants the house disposed of upon her death. If she feels equally toward all four sons, she will likely have the will say that the house is to be given equally to all four of her children. Upon her death, the four sons would have to decide what is to be done with the house. The typical approach is to sell the house on the open market, with each of the sons taking 1/4 of the proceeds. If one really wants the house, he would have to "buy out" the other brothers.

    A real estate attorney can tell you more.


    That won't happen if your mother has a will leaving the house equally to each of her four sons. Even without a will, it would likely go to you four unless there was someone else (an ex-husband, for instance) who could make a claim upon it. It would be rare for the government to take a house--that would only happen if the person who died had no family or others to leave the house to, or if the person owed a large amount of back taxes on the property. Even then, the people in the will would likely get the house, together with a bill for the taxes.

  • 3 years ago

    Bye bye 20 grand. besides, suitable occasion of why it incredibly is greater proper to ask the banks permission to promote the dwelling house your self mutually as they carry the call. They get what you owe them from the sale, something is yours. the undertaking for the financial equipment if that those homes bought for $one hundred,000 some years in the past are actually worth perhaps $60-70,000. Now, the banks do no longer care because of the fact being as corrupt as they're, they offered coverage against your foreclosure, meaning it is the coverage business corporation this is out $10-20,000, no longer the gready banks. So, actual, it hurs you, and it hurts the coverage business corporation that your funds went in the direction of. It does not harm the financial organisation in any respect. Now, in case you get carry of a loan with the aid of a credit union, this is an entire diverse tale. yet regardless of the indisputable fact that, maximum credit unions will artwork with you to circumvent foreclosure (in case you pass to them, tell them you're suffering, instruct them your modern earnings and expenses the place you're lowering to attempt to make those morgtage funds, they're going to in lots of cases decrease the pastime fee or temporarily put off your amortization era so as which you would be able to circumvent foreclosure...).

  • 9 years ago

    A real estate lawyer will be the one to consult.

    Good luck

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