Legal Question in Wills and Trusts in Texas
Where to begin on selling deceased fathers home
My father passed in March and I must sell his home. So far, ever one I ask has different answers as to where to begin this process. I am only 25 and have never sold nor owned a home. I have a potential buyer (next door neighbor-extremely interested) and absolutely no idea where to start. The home was in my mother and father's name, but they divorced when I was nine, and I have always heard relatives saying something in the divorce settlement about my father needing to ''buy-out'' my mothers half when I turned 18 or selling the home and giving my mother half. Neither of which ever happened. I have two people helping me out-a good friend (loan officer) and a family friend (appraiser). The potential buyer is worried about not getting financed due to the condition of the home (no flooring, poor plumbing, etc.) So, I feel as though I am way in over my head, plus I have always agreed to split the house with my sister (being as she took care of my father the most before his passing) therefore I am doing all the work and only getting half of the money so I am somewhat downtrodden. I also have a history of being a procrastinator and an over-analyzer. Maybe I am making this much more difficult than it actually is. Please Advise.
3 Answers from Attorneys
Re: Where to begin on selling deceased fathers home
You have raised a lot of issues which will likely require an attorney's help, and I advise you to retain an attorney. The legal expense should come out of the sale proceeds, so you and your sister (and any other heirs) would share that expense. Retaining an attorney now will probably be cheaper than muddling through it yourself and likely making mistakes.
If you insist upon trying to handle it yourself, you can try to get together a written contract of sale yourself. Sometimes you can get a form from a title company. You should be careful not to tell or imply to the buyer that you are the sole owner, because you most likely are not.
Once you have a written contract, the buyer's lender will look at it and give it to a title insurer, who will then tell you what needs to be done to clear the title. At that point you will almost certainly need a lawyer to help you prepare the necessary documents to sell the property. It's impossible to know what documents will be necessary without knowing all of the details of the divorce, your family situation, and other details.
Re: Where to begin on selling deceased fathers home
I will be more than happy to provide a phone consultation free of charge. Please call or email your number and I will call and we can over specifics and discuss alternatives. My condolences on the loss of your father.
Re: Where to begin on selling deceased fathers home
You need an affidavit to Heirship. If you need assistance come see me.
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