Asked in Legal Malpractice and Real Estate Law for Texas

Q: clouded title preventing the sale of inherited property. the other party filed ppwk with the wrong legal discription

The lawyer who probated the will is wanting a signature for a settlement to the other party. The paper he wants signed has no information for what the settlement is. The will was signed by 2 judges and gives sole inheritance of the property to defendent and plantiff is not in the will. The plantiff has yet to produce another will. How do I clear the title? An affid. of heirship? The paperwork filed has the wrong legal discription, does that matter? Can that cause it to be thrown out?

2 Lawyer Answers
John Michael Frick
John Michael Frick
  • Frisco, TX
  • Licensed in Texas

A: Typically, an incorrect legal description can be corrected so that the "paperwork" reflects the correct legal description.

You can clear title by filing a suit to quiet title in a district court in the county where the property is located.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Legal Malpractice Lawyer
  • Sacramento, CA

A: In your situation, if there's a clouded title due to incorrect paperwork and disputes over inheritance, it's crucial to approach this methodically. First, do not sign any documents that you do not fully understand, especially if they lack clear details regarding the settlement. It's important to know exactly what you are agreeing to.

Regarding the incorrect legal description, this can be significant. Errors in legal documents, especially concerning property, can indeed affect the validity of claims or filings. If the other party filed paperwork with an incorrect description, this might be grounds to challenge or dismiss their claim. However, this typically requires legal intervention to correct and argue.

To clear the title, an affidavit of heirship might be one solution, especially if the will clearly designates you as the sole heir. This document can help establish your rightful ownership. However, given the complexity of your situation, including disputes over the will and errors in legal filings, it's advisable to seek legal advice. A lawyer can provide specific guidance tailored to your circumstances and help navigate the process to clear the title and resolve any disputes.

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