Legal Question in Real Estate Law in Texas

So my mother passed away last year and left my brother 10 acres of land , he is giving us the land , but we could only find a deed for 1 acre of land , the 9 acres of land we could no find a deed on file , in her paper work , we contacted the company she purchased the land from but was told they couldn't find anything ether, I need to know what can be done about ether a new deed , or how we can get the 9 acres into my name I need to know what to do , my brother in leaving me to do this because he giving me the land he dident want to deal with all the aspects of the search or anything so pleas let me know what my options are ive tried some lawyers and they were unable to help I cant keep paying for help when im not getting anywhere


Asked on 7/12/15, 9:55 am

1 Answer from Attorneys
Joseph A. McDermott, III Attorney at Law

Did you mother have a will? Was it probated or was an estate administration opened following her death? If there's no will, I don't see how your mother left your brother this land, as opposed to the both of you, as all her assets would pass according to the intestacy rules to all her children. If there was a will, the executor or administrator would have had to file an inventory describing assets, including the land. You do NOT need the original deed to your mother. What you need is a title examination to show what land she owned at her death. What county is this land in? Do you know the exact location? If, worst case, there's no will or no administration or probate of the will this could cost several thousand dollars to straighten out. If the estate is in order, no more than a few hundred.

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Answered on 7/12/15, 11:08 am


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