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RAINBOW
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 Posted: Wed Dec 03, 2008 7:23 pm Post subject: AFFADAVIT OF HEIRSHIP |
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A dad and husband died without having a will. His wife and 3 kids are living. My understanding in state of Texas, in this case, the wife gets 1/2 ownership of the house and the other 1/2 is divided by the 3 kids. The wife and kids want to sell the house which is paid off. What are the forms and steps to take for all this?
-Affidavit of Hiership?
-Quit Claims for the kids to sign over to the mom?
-Contract for the mom to sign over the property to the buyer for a certain agreed amount?
All this has to be done without an attorney as there is not money to hire one. They want it all to be legal.
Thanks!
Rainbow |
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 jameshogg
Joined: 20 Dec 2005
Posts: 4291
Location: nevada
509.34 Dollars($)
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| Posted: Wed Dec 03, 2008 10:34 pm Post subject: |
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Hi RAINBOW,
As far as I know, the wife needs to file an affidavit of heirship in the county recorder's office to transfer the property in her name. If the kids are minor, then they do not need to do anything. The mother as a guardian of the kids will do that on their behalf.
If the children are adults, then they can sign a quitclaim deed to the mother who can then sell off the property. For selling off the property, the mother can use a warranty deed which she can sign over and give to the buyer for a certain agreed amount.
I think this is legal but I would still recommend the mother to consult an attorney. I know that she will face problems in hiring one but to be on the safer side, it is necessary. The attorney will be able to tell whether everything has been done in a proper manner or not.
Thanks |
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jheard
Moderator
Joined: 12 Dec 2007
Posts: 599
Location: Houston, TX
98.69 Dollars($)
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| Posted: Thu Dec 04, 2008 7:58 am Post subject: |
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An Affidavit of Heirship must be filed in Probate Court and signed by a judge. Once that is done, the heirs own the property and can transfer it however they want.
_________________
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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PATRICIA BEEDY
Guest
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| Posted: Mon Apr 27, 2009 12:43 pm Post subject: CHANGING NAME |
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| MOTHER PASSED AWAY AND SISTER AND I ARE IN THE WILL TO SHARE HOME. WHAT DO I NEED TO DO TO BECOME SOLE OWNER AND CHANGE NAME ON DEED. |
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jameshogg
Joined: 20 Dec 2005
Posts: 4291
Location: nevada
509.34 Dollars($)
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| Posted: Mon Apr 27, 2009 9:34 pm Post subject: |
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Hi PATRICIA,
The will needs to be probated first. Once the will is probated, the property will be transferred in your sister's name and your name. You can then ask your sister to transfer her portion of the property in your name with the help of a quitclaim deed.
Thanks |
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