Q: Real estate Deed on Death question in the state of Texas. My husband found out a few days ago his mother and uncle were
left there fathers house when he passed in 1955. It was a deed on death. My husband's mother was never told this and she passed before the brother did in 1981. One of his sons is trying to sale the house and can't because my mother n law's name is one the deed. She was killed when all but one child was under 18yrs old and she also never knew she was left the house. Where do her children stand now that this all happened in 1955? No one ever knew about it and she didn't own anything so to no one's knowledge no Heirship was ever field on behalf of her kids because she didn't have anything
A:
Assuming the transfer on death deed was properly executed and recorded, in 1955 ownership of the home passed to your mother-in-law and the uncle upon the death of your mother-in-law's father according to the terms of the deed.
When your mother-in-law died in 1981, her interest in the home passed to her heirs, which likely includes your husband.
When the uncle died, his interest in the home passed to his heirs, which likely includes his son.
The best solution to this problem now--years after these deaths--is a suit to quiet title.
An alternative solution is to carefully trace all of the applicable heirs who have inherited an interest and persuade them all to sign any deed transferring the home to a new owner.
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