Q: Can you file a quitclaim deed and then follow up with an affidavit of heirship?
My father passed away last year without a will. My sister wants to keep the family home and have the deed transferred to her name. My father only has two children which is my sister and I. I don’t want any ties to the property. We filed a quitclaim deed to remove my name, but now I think we should have used an affidavit of heirship instead. I’m concerned we may have done the process in the wrong order.
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A: It is logical to record the Heirship Affidavit, then record Deeds thereafter citing the heirship resulting in present title in the Deeds' derivation of title clauses. But it is not fatal, and you can record the Affidavit later which shows how the grantor had a source of title to convey. This often happens in curing a title chain. Hire a TX attorney to determine heirship and draft that Affidavit. Searching the title might help.
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