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

Q: parents died without a will, affidavit of heirship filed, how can deed be placed in younger sister's name if all agree?

property is in willacy county and we live in brazoria county

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2 Lawyer Answers
Terry Lynn Garrett
Terry Lynn Garrett
PREMIUM
Answered
  • Probate Lawyer
  • Austin, TX
  • Licensed in Texas

A: Relying on the Affidavit of Heirship (which a court will not enforce until it has been of record for five years with no one complaining that they were omitted), each of the other siblings can sign a special warranty deed granting their interest in the property to the younger sister as a gift. They will want a lawyer to draft and record the deed to make sure that it is done correctly.

Tammy Lyn Wincott agrees with this answer

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

A: Have a lawyer draft the deed, don't atempt to do it yourselves and don't use a quitclaim deed.

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