Legal Question in Wills and Trusts in Texas

Family Property

My husbands Dad apparently did not have a Will when he passed, They filed an affadavit of heirship in 1984, it listed his wife(my husbands mother) and states that they had 3 children. My husbands mother signed over the property we live on to him in 1994. The sister and other brother each also receieved a piece of property. The brother sold his, the sister still has hers and says she cannot get it in her name. We are in the process of refinancing for the 4th time, now the title company is telling us that the other 2 siblings are listed on our property, and that they needed to sign off on the warranty deed. They are now refusing to sign. My husband has lived there for over 30 years, has built 2 houses and 2 workshops, paid all the taxes, but now we find out the property is not legally ours?. We do not feel we should have to pay the others siblings off for something that has been his for many years. What options do we have besides dragging this through the courts ? I still do not understand why it was never found before ? !

Thanks for all advice.


Asked on 9/26/06, 3:09 pm

3 Answers from Attorneys
James Grissom Law Office of James P. Grissom

Re: Family Property

This is what happens when people do not pay attention to the transfer of property upon the passing of a father/mother. Your husband's father has this thing all messed up. The property is still in the name of his brother/sister. It is not legally his. You need to see a lawyer to make your legal and equitable claims. If you don't, the title company may be right. Then where are you?

Read more
Answered on 9/26/06, 4:17 pm
Cheryl Rivera Smith The Smith Law Firm

Re: Family Property

This problem will take a Quiet Title action to clear up title. The resulting court order will resolve the conflicts. It is going to cost a little, but is the only way to solve the problem unless the others will sign a deed. Be sure and contact an attorney who is familiar with real estate litigation. Wish I had better news.

Read more
Answered on 9/26/06, 7:44 pm
Peter Bradie Bradie, Bradie & Bradie

Re: Family Property

If the siblings won't agree to a buy-out, then you'll have to go to court to quiet title.

Read more
Answered on 9/27/06, 2:23 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Texas