Arlington, TX asked in Real Estate Law and Probate for Texas

Q: Why did the title company ask for the will?

Hi, I’m a real estate wholesaler here in Arlington Tx and I have a lead that I’m working on for a house in Fort Worth that I plan on getting under contract in the next few weeks but the problem is the lady selling the house tried to sell it back in 2016 but the deal couldn’t go through because the title company asked for the will to the house because her Great grandmother willed it to her Grand mother and she has power of attorney over her grand mother’s properties. The problem is she can’t find the will but I’m wondering why the will is necessary when court documents show the house is indeed in her grand mother’s name.

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

A: The will should be on deposit with the County Clerk's where it was probated. Once a will is entered for probate, the original is turned in to the County Clerk and will remain there. Perhaps, she can obtain a copy so as to expedite the process.

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