Q: Steps to verify ownership from ladybird deed after father's passing in Texas.
I'm named as a beneficiary on my father's ladybird deed, along with my sister. The deed has been recorded. My father has recently passed away, and the property is neither occupied nor leased. There are no outstanding debts or taxes, and no restrictions or conditions on the deed. What steps do I need to take to verify and ensure my ownership of the property?
A:
First, I'm sorry to hear about your father's passing. You and your sister are now owners. For clarity with the title, you may want to file an affidavit of death with the real property records in the County clerks office. You need to decide how you wish to handle the property. If you plan to sell, then you should be able to list it immediately and may need to reconnect or continue paying utilities so the home can be shown.
If you haven't already, you should obtain property insurance to cover the structure until you decide how you move forward. If one of you wants it and the other doesn't, then you can probably have a realtor do a market analysis and come up with the current value, and then decide if you want to buy the other party's 50%.
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A: Hire a TX attorney to search the title. Try to find the corners of your legal description and look for encroachments/easements. Check the taxes and zoning with the County. Act like you are the owner and enjoy it. Since Sister is an owner also, try to get along with her or possibly ask for a quit claim deed from her for her interest.
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