Real Estate: Texas/Transfer Title
My mom passed away without a will, we (siblings & myself) filed an affidavit of heirship. We have a disabled brother who lived her and my sister and brother and I would like to give our part over to him, since he lives in the house and cares for it. We don't have a need for the house, since we each have our own. My mothers intentions was to let him live there, we have honored her wishes, but want to give him our portion. How do we go about doing this?
Each state is different so there could be some differences but generally the following will accomplish the task:
1. File of record the Affidavit of heirship in the real property records in the county in which the property is found. Make sure that you have at least two affiants (people who sign the document as being correct) who are not in the family but have an unmistakable knowledge of the heirship information. A cousin from the other side of the family that knows everyone as an example - or perhaps a neighbor that watched the family grow up.
2. Download from online a "Quit Claim Deed" which will convey any and all interest that you may own to the individual(s) you choose to convey to. After you execute this before a Notary Public then file it in the real property records in the county in which the property is found.
This will complete the task.