Legal Question in Real Estate Law in Texas
Affidavit of heirship
My parents have a revokable living trust. My father is deceased. My mother is selling the house. The house is in the trust under a quitclaim deed. The title company has told us it must under a warranty deed and has asked us to fill out and notarize an affidavit of heirship. Is all this necessary? My mothers name is on the deed. I am suspicious that they do not know what they are doing. Help!
2 Answers from Attorneys
Re: Affidavit of heirship
Was there a pour over will? Most title companies do not recognize or accept quitclaims. They are not "deeds" in Texas, they are only releases.
Re: Affidavit of heirship
They know what they're doing. In Texas, a quit claim deed does not provide insurable title. It should have been originally transferred by warranty deed. The affidavit of heirship is a bandaid for the boo-boo.
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