Legal Question in Real Estate Law in Texas

My parents are both deceased, they left no will. They left 35 acres to be divided between 7 children.

We have recently had the land surveyed, divided the land equally among the 7 heirs. We wanted to have our deeds drawn up, but we have run into a problem, one sibling is mentally handicapped (Down Syndrome) he is 46 years old, and cannot make decisions or sign his name on legal documents. Is it legal for him to make an X in the presence of a notary, or does he need to have a legal guardian sign for him? If we have other legal options that we can explore please share those also. Someone has mentioned that we can have his share put in a trust. Please let me know what to do.


Asked on 8/16/10, 6:43 pm

1 Answer from Attorneys
Cheryl Rivera Smith The Smith Law Firm

You should consult an eldercare attorney regarding handicapped sibling. If he is on Medicaid, his interest should be placed in a special needs trust so that he does not lose benefits. This is not a do-it-yourself task.

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Answered on 8/24/10, 8:26 am


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