San Antonio, TX asked in Estate Planning, Libel & Slander and Probate for Texas

Q: Is this considered fraud if my gradfathers wife/ common law wife signs a warranty deed t her daughter w/o his signature?

I know they went to the court house and filed for a marriage license but I haven't found one yet se never claimed his last name but he is listed on the deed of trust his name first & hers following and now I found out she signed a warranty deed over to her daughter without my grandfather knowledge and consent. What makes it worst is they had her boss notarized and filed the documents with the courthouse.. isn't this illegal & conflict of interest since she's involved her boss's law firm to notarized the deed

1 Lawyer Answer
Anthony M. Avery
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  • Estate Planning Lawyer
  • Knoxville, TN

A: If Grandfather's wife owned an interest in property, she can convey it. Hire a TX attorney to search the title and determine present ownership. No fraud by your stated facts. Deed may have been a nullity with not interest conveyed. Grandfather would then have standing to file suit to set aside as a cloud on his title.

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