Posted on: 19th Feb, 2009 12:53 pm
My husband and his brother have a special warranty deed for 3 acres of land that was filed at the county clerks office in 1990. Recently we found out his half sister was listed on the property taxes. This was because of an affidavit of heirship filed in 1994 after the death of my husbands father. If the deed is dated before the affidavit of heirship, would my husband and his brother (as stated on the deed) own the land or would the half sister, my husband and his brother own the land (affidavit of heirship)?
Hi sandraann,
A warranty deed transfers title free and clear of any claims and liens. Since you say the warranty deed was filed in 1990, your husband and his brother became the legal owners of the property from then on and as your husband's father wasn't on the deed, he held no right to the property. Thus, filing a affidavit of heirship after a warranty deed has already been signed doesn't make sense. Legally your husband and his brother own the property, not his half-sister.
A warranty deed transfers title free and clear of any claims and liens. Since you say the warranty deed was filed in 1990, your husband and his brother became the legal owners of the property from then on and as your husband's father wasn't on the deed, he held no right to the property. Thus, filing a affidavit of heirship after a warranty deed has already been signed doesn't make sense. Legally your husband and his brother own the property, not his half-sister.
My mother passed away a year ago. I have a warranty deed. The county clerks office says I need to send in a death certificate and an affidavit to take her name off of the property taxes and house. Do I really need to fill out an affidavit since I have a warranty deed and a Bill of Sale
from 1999. Oklahoma
from 1999. Oklahoma
Hi Caroline!
Welcome to forums!
You will have to fill out an affidavit of heirship in order to remove your mother's name from the warranty deed. If you don't do so, your deceased mother's name will remain on the deed.
Feel free to ask if you've further queries.
Sussane
Welcome to forums!
You will have to fill out an affidavit of heirship in order to remove your mother's name from the warranty deed. If you don't do so, your deceased mother's name will remain on the deed.
Feel free to ask if you've further queries.
Sussane
If you have a property transfer affidavit that was filled in, in 1999 would it override a will done in 2004?
Welcome Mary,
If you have a property deed mentioning that you are the owner of the property, then it will override a will. This is because, a will comes into affect after the death of a person whereas a property deed will come into effect immediately in the lifetime of the grantor.
If you have a property deed mentioning that you are the owner of the property, then it will override a will. This is because, a will comes into affect after the death of a person whereas a property deed will come into effect immediately in the lifetime of the grantor.
Does a general warranty deed (grantor to sole grantee) supercede an Affidavit of Heirship in Texas?
Hi susieq,
If the warranty deed has been filed and recorded before the death of the grantor, then it will be given priority. There will be no need for the affidavit of heirship.
Thanks
If the warranty deed has been filed and recorded before the death of the grantor, then it will be given priority. There will be no need for the affidavit of heirship.
Thanks
I was my fathers only child. He married a women with 5 children. Upon the death of my grandparents, my father & step mother bought out 2/3 shares of his siblings. It was a quick claim deed.
My father's will which was created after their purchase, states 50% of the home to myself and 50% divided equally to her children.
After 8 yrs., I have discovered she changed the deed to an affidavit that upon her death the home will be divided equally, no longer 50% mine. This is upsetting that she has gone against my fathers wishes.
This was the home that i was raised in. Sentimental, yes and the only item that my dad had to pass on to me.
Did she have the right to do this? If the deed was not written as survivorship to her, can she have the deed re-written?
Thank you for your reply.
My father's will which was created after their purchase, states 50% of the home to myself and 50% divided equally to her children.
After 8 yrs., I have discovered she changed the deed to an affidavit that upon her death the home will be divided equally, no longer 50% mine. This is upsetting that she has gone against my fathers wishes.
This was the home that i was raised in. Sentimental, yes and the only item that my dad had to pass on to me.
Did she have the right to do this? If the deed was not written as survivorship to her, can she have the deed re-written?
Thank you for your reply.
Hi summerbreez,
If your father has changed the will and the deed and stated that the property will be divided equally, then you can't do anything in this regard. Nevertheless, you can speak to a real estate attorney and take his opinion in this regard.
If your father has changed the will and the deed and stated that the property will be divided equally, then you can't do anything in this regard. Nevertheless, you can speak to a real estate attorney and take his opinion in this regard.
My mom is still alive. Does a new will to leave her house to my older brother override an affidavit of heirship filed right after my dad passed away 5 yrs ago?
Hi Jackbenimble,
If your mother is the present owner of the property alone, then her will is of sole importance after her death. The property will be divided as per the will after her death. Before her death, the affidavit of heirship will hold value.
Thanks
If your mother is the present owner of the property alone, then her will is of sole importance after her death. The property will be divided as per the will after her death. Before her death, the affidavit of heirship will hold value.
Thanks