Plano, TX asked in Real Estate Law, Probate and Estate Planning for Texas

Q: My grandparents are both deceased. They owned a home. They had 5 children. All but 2 are deceased. The 3 who are decease

Have surviving children. Do the 2 surviving children have to include the children of their deceased siblings in signing loans to repair the home or selling the home.

2 Lawyer Answers
Ross F. Tew
Ross F. Tew
Answered
  • Estate Planning Lawyer
  • Arlington, TX
  • Licensed in Texas

A: Yes.

Anthony M. Avery agrees with this answer

Anthony M. Avery
Anthony M. Avery
PREMIUM
Answered
  • Estate Planning Lawyer
  • Knoxville, TN

A: Absolutely as those specific family members are Heirs-At-Law. At sometime in the future you all will have to record an Affidavit of Heirship to explain your source of title. There are other methods, but at some moment in time the exact titled owners will have to be placed of record. Paying taxes, insurance, etc. may be a problem for the Tenants In Common.

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