Legal Question in Real Estate Law in Texas

My grandmother deeded a house to me, it is a Warranty Deed with a Life Estate. My grandmother has passed away and I would like to sell the property. Would I have to get a lawyer to change this to a Deed of Trust or can I sell it like this with the Warranty Deed? When I checked the public records on my county's website it still shows the property under my grandmother's name.


Asked on 7/26/15, 6:50 pm

1 Answer from Attorneys

Joseph A. McDermott, III Attorney at Law

Was the deed from your grandmother to you recorded? You don't need a deed of trust, that's a mortgage. Who's in possession of the house? Who's paying the taxes? As Texas counties do not publish lists of property ownership based on the deed records (it's not like car titles, where the state maintains an ownership database), I suspect that the online records you reference are in fact the tax records, which often do not reflect current ownership unless you notify the appraisal district/tax office. Assuming a valid deed to you from your grandmother retaining a life estate for her, all you'd need to sell is her death certificate. I'm sure whoever you sell the house to, or his lender, will require you to purchase title insurance. The title company will give you its deed requirements and you will most likely need a lawyer's advice through the sales process.

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Answered on 7/27/15, 7:58 am


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