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

Q: Grandparents w/6 kids purchased house in 50's, grandparents divorced in 60's. grandmother retained but didnt retitle.

Both names are still on title. Grandfather remarried but my grandmother did not. Will my grandfathers 2nd wife have claim to my grandmothers home? My grandmother died in 1993, grandfather died in 1986 and his 2nd wife died in 1992. My grandmother died Intestate. My grandfather had a will and last testament that was probated and all his children were listed as his heirs and his 2nd wife were his beneficiaries. He had no other children with 2nd wife and didnt adopt any children from his 2nd wifes previous marriage. He did not mention at all the fact that he was still partially co-owner of the house he and my grandmother purchased in the 1950's. We are trying to sell the house and the title company says that my grandfathers 2nd wifes children from her previous marriage are now co-owners of the property because their mom inherited percentage of ownership from my grandfather. This is in Harris county, Texas. Is the title company correct to include non-blood heirs in this transaction?

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1 Lawyer Answer

A: It seems that Grandma #2 did have an interest when she succeeded your grandfather.

You will need a good Affidavit of Heirship to clear this one up.

I hope this helps. You should see an attorney from the Justia website.

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