Legal Question in Real Estate Law in Texas
Selling our mother's home
Our mother passed away in 1994, she left a small home in Texas which we have been renting out for over 40 years, and has been paid for as long as that. Recently we received an offer from a nearby church wanting to buy the property. The house is in our mother's name and there is no will, she verbally told us to sell it and split whatever we sold it for, my question is, are we allowed to sell it if it is still in our mother's name?
2 Answers from Attorneys
Re: Selling our mother's home
Yes. The title company will require an affidavit of heirship and will split the proceeds among the heirs at law. In the meantime, contact a local broker to get a broker's price opinion to make sure you are selling it to the church for the market value. The value given by the tax office is sometimes very low. Good luck.
Re: Selling our mother's home
You will need to clear title to the property before you sell it. Most often, an heirship affidavit would be the necessary tool. Most attorneys who do real estate or probate can do this for you.
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