Land and heirship affidavit

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karenrealtor

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PostPosted: Fri Apr 17, 2009 6:11 am    Post subject: Land and heirship affidavit

I am a real estate agent and have a client who's husband passed away in 1993 and left a Will which was never probated. In turn an heirship affidavit was filled. Heirship affidavit list my client and her two children (all children are the mutual children of deceased and my clients together). The will (never probated)clearly states all assets go to my client. My client is trying to sell a piece of property in Texas and the Title company is saying she must have all of the children sign off on the deed or she can not close. My client is estranged from one of the children and has been unable to reach him to ask that he sign the deed and he has not responded to mailed request. Her attorney said the title company is wrong and that she doesn't need any signatures from them. However, the attorney hasn't picked up the phone to call the title company and get to the bottom of it. Please help!!! I am beyond frustrated and have a buyer who has dished out $3500 on a survey that will need to be paid back if my client can't close on the property. Any information that you can provide will be greatly appreciated.
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