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

Q: My mom passed away. She had a house with a mortgage no will. Someone wants me to transfer title.

Asked for a general warranty deed so I can transfer title. I do not want the property since there is a mortgage. Any repercussions doing this?

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1 Lawyer Answer
John Cucci Jr.
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A: Be careful!

I recommend getting a lawyer, or at least sitting with one to get all your options. You should find out how much is owed on the mortgage, and how much the house is worth.

I would like more info to give you solid advice. Do you have any siblings? Dead or alive? Do they have kids? Lots to beware of.

You or your lawyer can make a "small estate" and sell the house for good money within 2 months.

As long as you sell your interests with the buyer getting title insurance, you are OK. With no Title Insurance, you should sell with a "Quit Claim Deed."

I hope this helps.

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