About Marlon Doerre Expertise Texas Real Estate: Any real estate related question Involving the purchase/sale of real property; financing (residential) transactions; curing title; and closing of real estate transactions located in Texaas. Will not answer questions related to properties outside of Texas.
Experience Licensed Attorney, Mortgage Broker, Realtor and Escrow Officer. I have been curing title and closing real estate transactions for over 12 years
Education/Credentials B.S. Texas A&M University; J.D. University of Texas School of Law
Expert: Marlon Doerre Date: 4/17/2007 Subject: Property deeded or transferred to heirs
Question Father died in Texas with no will. No probate or administration. Wife (in Texas), daughter in SC, minor grandson in GA are only heirs. Grandson is minor and was adopted by another grandparent. Wife, daughter, and guardian are all in agreement about settlement of estate. Land in Texas to be given to Daughter and grandson. What is best way to have property titled daughter and grandson? (Property only in father's name).
Answer This one should be fairly simple. ASSUMING that it has been more than 4 years since Father's death, you can probably resolve this via an Affidavit of Heirship and deed conveying the property to Daughter and Grandchild. Most title companies will accept/insure a transfer utilizing an Affidavit of Heirship if it has been 4 years since the date of death. You should consult with a real estate attorney and have an Affidavit of Heirship drafted. It should be executed by at least one individual who has very good knowledge of the family. I often have the heirs involved execute the affidavit. It MUST also be executed by to disinterested witnesses who can state that they know the facts are true. Second have wife execute a warranty deed to Daughter and/or grandson. Assuming there are no extraneous facts or circumstances, this should be very close to the procedure you should follow. Of course, consult with an attorney because there could be information that is pertinent that is not contained in your question.
Under the facts presented it does not appear that the grandchild inherited any portion of the property. You may want to discuss this with your attorney since you referenced an adoption by grandparent to make sure that is correct. If grandchild did inherit, you will need to address that issue properly in the deed if necessary.
NOTE: You may want to reconsider conveying title to grandchild since he is a minor. Because it will cause difficulty if you were to decide to sell the property. Please discuss the pros and cons with your attorney.
