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

Q: The lot next to my property was bought by a lady back in ninety three, and she passed away and her son and his brother

Don't have any interest in the property and want to gift it to me how do I transfer title without a deed or will

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2 Lawyer Answers
T. Augustus Claus
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A: To transfer ownership of the property without a deed or will, you'll typically need to go through a legal process. Since the previous owner passed away, it's essential to follow these steps. First, you may need to initiate probate court proceedings, especially if the previous owner passed away without a will (intestate). Probate court will determine the legal heirs and how the property should be distributed. Once the legal heirs are established, typically including the sons of the deceased owner in this case, they can use a quitclaim deed to transfer their interest in the property to you. This deed essentially transfers their ownership rights to you. To ensure the transfer is legally documented, it's crucial to record the executed quitclaim deed with the county clerk's office or recorder of deeds in the county where the property is located.

John Cucci Jr.
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A: Do Not try to do it yourself. Get an experienced lawyer to manage the transfer of the property to you. It will be well worth the money spent for the peace of mind you will receive.

Good Luck!

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