Legal Question in Real Estate Law in Texas
Daughter died before mother daughter had a will with one child as beneficiary.Mothers land was divided to living children and the one beneficiary of dead daughter.Title company says the other two children of dead daughter who was not in her will must sign a release of their inheritance by Texas law even though dead mother left it to one daughter. Is title company correct?
1 Answer from Attorneys
As an abstract legal matter, depends on what the grandmother's will said. As a practical matter, if the title company will not insure without the release, the buyer won't buy (particularly if there's a lender involved), and there's no deal. Title companies are not in the business of deciding close legal questions and won't take a chance. Get the release, pick another title company, or as a last resort, file suit against the disinherited grandkids to quiet title to the land.
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