Birmingham, AL asked in Contracts, Probate and Real Estate Law for Texas

Q: I am purchasing a home in Texas that has been probated. During the title search, several distant relatives were discover

They have all signed affadavits giving up any claim to property. Now title company says they all have to sign the final contract. Is this necessary since they all signed the affidavits? This is really dragging out, close to a year now.

2 Lawyer Answers
Robert W. Leonard Jr.
Robert W. Leonard Jr.
Answered
  • Probate Lawyer
  • Fort Worth, TX
  • Licensed in Texas

A: The short answer is that the title company may have policies in place to protect the title to your property and if they have a policy, you are not likely to close without following the title company policy.

Tammy L. Wincott
Tammy L. Wincott
Answered
  • Probate Lawyer
  • San Antonio, TX
  • Licensed in Texas

A: Since a title company is insuring clear title to you they are generally very cautious. If you are utilizing a realtor in the transaction inquire with them. You may also inquire with the probate attorney and/or a real estate attorney. You may have the option of utilizing a different title company if you are unhappy with the present company; inquire with the realtors involved. Best wishes.

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