Legal Question in Real Estate Law in Texas
my brother & i inherited a mobile home & property from our mom & step dad. the will was processed & finalized over a year ago. The deed is still in the deceased names. I don't know if the taxes have been paid & i can not seem to find out anywhere i go to ask are why the deed hasn't been changed to our names. we are wanting to sell this property & have a buyer who wants to aquirer it as soon as possible. I am lost & have ran out of ideas & running out of patient with everyone giving me the run around. can you please help me with this? thank you, thomas crocker
1 Answer from Attorneys
You said the will was processed. What does that mean? Was it filed for probate? Did someone receive letters testamentary? If so, the person who received letters has the power to sign a deed acknowledging that you and your brother have clear title to sell the property. If the mobile home is not attached to the property (i.e. it's personal property and not real property) then the executor can sell it.
If the will was probated as a muniment of title only, then the beneficiaries can use copies of the will+order to demonstrate clear title.
These are not super complicated transactions, so most probate lawyers should be able to help without costing too much.
Dave
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