Legal Question in Real Estate Law in Texas
My step father passed away a few years ago. He owned 21/2 acres of land, and the land is still in his name. My mother lives on the land, and her neighbor is interested in buying an acre of the land.
My step father has 4 surviving daughters who do not want the land, and will sign over their portions if necessary. Can my mother register a property right with the Secretary of State to obtain the right to sell it? Is this all she needs to do, and if not, could you please point us in the right direction? Also, who do we need to contact to find out what the land is worth in Johnson County, Texas?
1 Answer from Attorneys
The answer depends on the status of your father's estate. If he had no debts, and the four children are the only children he had, then you can file an affidavit in county records to clear title to all heirs. The information on the affidavit will depend on whether or not the four children were a product of the marriage to your mother, or if he had them outside that marriage. After that, the children can execute deeds in favor of the mother. Mom can then partition the land. DO NOT, UNDER ANY CIRCUMSTANCES, DO THIS YOURSELF. There are a number of lawyers who make a tidy living cleaning up the messes people make by trying to do complex real estate transaction (such as this) on their own. Feel free to call me if you would like to discuss.
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