Legal Question in Wills and Trusts in Texas
My aunt passed away and left everything to to her 3 beneficiaries to be split equally. She lived in AZ but had 2 small parcels of land in TX. How do I transfer these 2 parcels to the beneficiaries? (I am her personal representative) Quit-claim deed? One of the parcels is titled in her name and the other is titled in the name of her trust. Do I first have to transfer the latter one into her name or can it be quit claimed from the trust to the beneficiaries? Or is another type of deed appropriate?
2 Answers from Attorneys
First, the trust should name a successor trustee. Whoever that person is can deed the land to the ultimate beneficiaries named in the trust. As to the other piece of property, you will need to open an ancillary administration in Texas (in the county where the land is) in order to have legal authority to execute a deed for it to the beneficiaries. o do NOT want to use quit claim deeds.
Do not use a quit claim!!
You said you are the personal rep. How? Was there a will? Did you probate it? If so, what state?
You can get letters issued in texas granting you the right to transfer property located within the state. How you get them depends on the answers above. Feel free to call if you you want to discuss by phone (no charge)
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