Legal Question in Real Estate Law in Texas

warrenty deed

father died in '94 no will two sisters who want deed in name of youngest. is warrenty deed or quitclaim adequate


Asked on 8/13/07, 8:00 pm

2 Answers from Attorneys

Jason Charles Ciarochi Ciarochi and Associates, PLLC

Re: warranty deed

A quitclaim deed will put the older sister's creditors on notice that the land is now the younger sister's from that day forward.

However, a quitclaim deed will not take away from any remaining creditors, loans, etc. related to the deceased father.

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Answered on 8/14/07, 12:32 pm

Re: warrenty deed

Neither. You have to establish title in the decedent's heirs. Was the father married when he died? How many children did he have total (including deceased children)? Where there any unpaid debts or taxes? Likely, you can accomplish your objective with an heirship affidavit coupled with a few specia warranty deeds.

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Answered on 8/13/07, 10:55 pm


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