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Real Estate: Texas/Transfer Title

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Question
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?

Answer
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.

Best regards,


Cliff Williams
Texas Attorney

Real Estate: Texas

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Cliff Williams

Expertise

Questions related to ownership and transfer of title in real property within the State of Texas. I can answer general questions related to real property in other states but I will be specific with anyone asking a Texas real property question.

Experience

Texas Title Attorney

Education/Credentials
Bachelor of Business Management and a Law Degree from Texas Wesleyan University School of Law in Fort Worth. Member of the Tarrant County Bar, Dallas County Bar, and Texas State Bar.

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