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    Jack66's Avatar
    Jack66 Posts: 2, Reputation: 1
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    #1

    Nov 3, 2008, 11:04 AM
    Selling House after Death of Spouse
    My parents jointly own a home in Texas (community property state). My father died several years back. My mother is no longer able to keep the home up and wants to sell it. Does she need to do anything since the deed is still in both their names? Thanks.
    rockinmommy's Avatar
    rockinmommy Posts: 1,123, Reputation: 82
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    #2

    Nov 3, 2008, 11:17 AM

    Have her call (or you call) a title company just to be sure, but she should just be able to provide a copy of his death certificate at closing to get all the paperwork done properly.

    I've purchased several properties in Texas where the sellers were in this same situation and it was never a problem. I do remember one in particular that got held up for a couple of weeks because the wife had to obtain a copy of the death certificate. She thought she had one and couldn't find it.
    smearcase's Avatar
    smearcase Posts: 2,392, Reputation: 316
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    #3

    Nov 3, 2008, 01:26 PM

    I don't know your mother's health but if it is such that she may need long term care, you may want to talk to an elder law attorney for advice before selling the house.
    In most states, she could continue to own the house while in long term care (they would probably put a lien on the house) but if she has the cash from the sale (or gives it away within 5 years (lookback) of needing care, she would have to spend down most of her assets before receiving any Medicaid assistance.

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