Q: How to transfer deed after muniment of title order?
We processed our mother's house through a muniment of title pro se and received order in Brazoria County, TX. The will stated that property goes to the living children. However, we would like to transfer ownership to one sibling.
I understand that there isn't an executor named because of the chosen method of probate. However, what is the best way to transfer to a single sibling? Is Deed of gift, quick claim deed, or general warranty deed the best option? I'm assuming we now have right to transfer the title based on the order and need to draft a deed to present to the county. Is this assumption correct or are there different actions that are required.
A: A quit claim deed does not transfer title. It merely records that one person quits a right, such as an easement over a driveway, to use another's land. A deed of gift can be either a General Warranty Deed or, if the previous deed was a Special Warranty Deed or a distribution from an estate, a Special Warranty Deed. Each of the gifting siblings should gift their interest in the land using a Special Warranty Deed notarized and recorded in the county deed records. To make sure that it is done correctly, you would do well to ask an attorney to draft the deeds.
Teri A. Walter agrees with this answer
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.
