AboutDick Dennis Expertise With more than 37 years as a real estate broker, I can solve most any problem presented. If I can`t, I do my research. Problems with mortgages, trust deeds, foreclosures, odd ways of conveying titles. Most any good Realtor can answer questions satisfactorily, but I answer questions that most cannot. Also, ask about my hard-copy newsletter.
Experience Problem solving since 1980
Organizations National Association of Realtors
Publications Publishes The Landed Gentry, guest writer in Who's Who in Creative Real Estate, First Tuesday, Financial Freedom and many newspapers
Question Howdy, from Texas! My Mom died in 1997. She named my Dad as primary beneficiary/executor. She left him her part of their house, etc. The will was hastily written by hand (not hers) as she faced the final ten hours of her life (lung cancer). She barely managed to find the energy to sign the will. However, Dad failed to probate the will within 4 years. I have no idea why. He died almost a year ago, but left a legal will. While in court to probate both wills yesterday, I was told that her will is invalid because it does not pass any of the tests for a holographic will. Dad's will names me as independent executor. The house will need to be sold as inheritance to my brother, my sister, and me. But the house title is in both of their names. Is it possible to get clear title on the house so that we can sell it? I'd appreciate any advice you might be willing to share.
Answer Sorry, Jonathan, but what do you mean by "clear title?" If the house is already in their names, they already have title. As for being CLEAR title, that may be a different story. In my eyes clear title means that there are no liens of any kind on the property when it is conveyed. But apparently, your brother and sister were conveyed the title to the property already with any and all liens, encumbrances, warts, pimples and all. It's too late to change that now. If there is something you haven't told me or other information, this is really a case for a REAL ESTATE attorney to make sure everything is correct. Sometimes probate attorneys screw things up in real estate. You didn't actually say it, but if you meant how it is possible for YOU TO GET CLEAR TITLE meaning how you get title to the house, then for sure you should be talking to that real estate attorney. Do not minimize this. It could cost lots more later on. I wish you well.
