Jefferson, IA asked in Real Estate Law for Texas

Q: Title company says relative may have interest in a house I am selling (Texas) Name, age, or address unknown.Remedy?

Offspring of cousin who died over 35 years ago but may have had child with unknown person he was not married to. No one in the family has any more information but will not sign an affidavit of heirship because they do not want to sign legal statement when details are unknown. Title company will not clear title, but says they don't know what to do.

Related Topics:
1 Lawyer Answer
Anthony M. Avery
Anthony M. Avery

A: If you cannot prove your source of title now as the sole owner, then get out of the contract you are in and sell the property to someone else. There is no such thing as a perfect Title. A Quiet Title Action will probably not help you. An Affidavit of Heirship should be sufficient, but you will have to find a willing Affiant, and it does not appear you have found anyone with sufficient information. You may have to make the Affidavit yourself.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.