Legal Question in Wills and Trusts in Texas

deed or title

I am executor of Mothers will and inherited the family home. I am living in the home and looking to refinance mortgage that Mother had. Banks say they need a special warranty Deed. My lawyer says i do not need one. I have a declaratory stating I am now the sole owner of the property. What do I need to do?


Asked on 11/02/05, 10:00 pm

2 Answers from Attorneys

Peter Bradie Bradie, Bradie & Bradie

Re: deed or title

Your lawyer is correct.

But the mortgage company actually wants something filed of record in the real property records; either the order admitting the will as muniment of title, with the will attached, or a special warranty deed with you as executor transferring the property to you as the devisee in the will.

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Answered on 11/03/05, 8:39 am

Re: deed or title

If you are the executor of the will and you have been issued letters you can execute, in your capacity as executor, a deed to yourself in your individual capacity. If you did a muniment of title, then you don't need an additional document, just a copy of the will and the order admitting it to probate. You should have your attorney communicate with the title company to set things straight.

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Answered on 11/03/05, 12:08 am


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