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 kingandmarywagner
Joined: 06 May 2009
Posts: 1
1.30 Dollars($)
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 Posted: Wed May 06, 2009 10:28 am Post subject: who are the heirs who must sign a special warranty deed. do |
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| who are the heirs who must sign a special warranty deed. do you need to go into the 2nd generation...Our mother had her home homesteaded and she died 10 years ago. She had 12 children and now there are only 6 of us left. The decision was made to sell the home. Who should sign the special warranty deed (Texas)? |
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jameshogg
Joined: 20 Dec 2005
Posts: 4291
Location: nevada
509.34 Dollars($)
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| Posted: Wed May 06, 2009 8:46 pm Post subject: |
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Hi kingandmarywagner,
While selling off the property, those who are mentioned on the property deed should sign the special warranty deed. If your mother's name is not removed from the property deed, then the 6 children will have to file an affidavit of heirship in the county recorder's office and transfer the property in their name. Once this is done, then they can sign the special warranty deed.
Thanks |
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jheard
Moderator
Joined: 12 Dec 2007
Posts: 599
Location: Houston, TX
98.69 Dollars($)
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| Posted: Thu May 07, 2009 11:57 am Post subject: |
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If the property is in your mother's name and she is dead, she cannot sign the deed, and so the property cannot be transferred by deed.
What you need to do is either file an affidavit of heirship if allowed in your state, or go through full probate. Consult with a local probate attorney.
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Disclaimer: This is not legal advice and I am not your lawyer. The information provided in this forum is for discussion purposes only, and is no substitute for an in-person consultation with an attorney who can analyze all of the facts and determine how your state and local laws may apply to your specific situation. |
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