Legal Question in Real Estate Law in Texas
My dad left my sister and I his property when he passed away in October 2007. The problem is that the warranty deed says 1/2 was owned by my stepmother (passed away April 2004) and the other half belongs to my dad. Here is the problem: My stepmother's half would also belong to her children (6) of them. I have talked to numerous attorneys and have been told so many different ways to handle this. I don't know which way to turn now!! Is there anyway my sister and I can do this with hiring an attorney. What would be the first step.....Avidavit of Heirship, Quitclaim deed, Gift deed??? Help we need some direction on this??
3 Answers from Attorneys
This will probably be too difficult/complex to try without getting a lawyer.
If the property has value it is worth hiring a lawyer.
Good Luck!
You would need the cooperation of all 6 children to handle this. If they cooperate it would only cost a small amount to have the appropriate deeds and heirship affidavits required. If they don't cooperate, it will be expensive to have the court appoint a receiver and order a sale so proceeds can be divided.
Don't do this without an attorney. If everyone is in agreement, it won't cost much to have it done correctly. When you're dealing with real estate, it doesn't pay to "chance" it by doing it yourself.
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