Legal Question in Real Estate Law in Texas

My husband's father (Robert) passed away. My husband (Gary) is the executor of the will and also inherits the land that his father owned. We have the "Order Admitting Will To Probate As Muniment of Title" signed by the judge.

I am filling out a Texas General Warranty Deed to place the land in Gary's name. Does Gary sign the Warranty Deed as "Robert E. Yandell by Gary Yandell"? I can't get any help from the County Clerk's office and we can't afford an attorney.


Asked on 5/17/12, 3:30 pm

1 Answer from Attorneys

The county clerk's office can't give legal advice. If you have an order approving the will as an MT, then title is transferred pursuant to that will. It's customary to file a copy of the will and order in the county where the real property is located. A title examiner would index the will+order as though it were a deed (figuratively speaking) and title will be clear as to that specific transfer. You should speak with an attorney or title company in the area for more help.

Dave

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Answered on 5/18/12, 9:48 am


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