Hanover Park, IL asked in Estate Planning, Real Estate Law and Probate for Texas

Q: Does title company have right to ask for social security # and copy of deceased spouse & my will re land offer?

Land purchased by me in Texas as minor many years ago; my mother was on original document. I added my husband after our marriage 10 yrs later. Land was part of southwest scheme to take $ from people, never thought we'd be able to sell. My husband is deceased. I am ORIGINAL owner of this land. However my husband and I appear on current records. Title company stated they need husband's ss # & both of our wills. I told them NO. Had a lawyer, he didn't seem to want to fight them on this. Am now searching for someone who specializes in real estate and trusts.

My attorney who created my living trust advised I get attorney to add this land to my living trust (created in another state). I would appreciate some insight, I NEVER give out SS numbers.

Thank you so much!

2 Lawyer Answers
Anthony M. Avery
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Estate Planning Lawyer
  • Knoxville, TN

A: The SSN will get a reported capital gain to the IRS. The other items requested have to do with proving your source of title. If you do not wish to comply with them, ask for another title company or title insurance company to handle your transaction. Your potential will has no bearing on this matter while you are alive. Otherwise do not transfer your property. Hire a TX attorney to consult on this as transferring this property may have a problem which a title search might disclose.

John Michael Frick
John Michael Frick
  • Frisco, TX
  • Licensed in Texas

A: If the title company is acting as the closing agent for the sale, it generally must report information concerning the sale on a Form 1099-S. That is why it is asking for your SSN. It is highly unlikely that a reputable title company will close the transaction without having the SSN for reporting purposes.

Since you added your husband to the title to the land, they need his will (or probate documents) to confirm that upon his death, his interest in the land passed to you. I don't know why the company wants your will.

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