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My husband inherited a third of his parents home in 1989. He had 2 older brothers who lived in the home and in order for them to claim homestead exemption (TX), he did a Quit Claim Deed in 1995 and told them to remember him in their will--nothing in writing though. One of the brothers passed away this week and he left my husband 1/2 of his share of the home. He would like to quit claim that share to the one brother for tax purposes again but if and when the brother decides to sell the home, he would like to get a share of the proceeds. Is there a way he can quitclaim his share and then have a form prepared by an attorney stating that he would like to be entitled to 1/2 of the share of the proceeds?

adonis · Posted: Sun Aug 09, 2009 10:16 pm Post subject:

Hi jg,

In my opinion, before transferring the property to his brother, your husband should contact a real estate attorney and take his opinion in this regard. If the attorney assures you that such a agreement is possible, then your husband should go for it.

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