Legal Question in Wills and Trusts in Texas

My father passed away in Oct 2010 my question is He left his house and some land behind. It used to be in a revocable trust fund but was taken out of the trust fund. My sister and me would like to sell it,don't want to go thru probate at all. Can we do a quitclaim deed to transfer to us so we can sell it. I would appreciate any suggestions.


Asked on 3/04/11, 5:51 am

1 Answer from Attorneys
Arthur Geffen Arthur H. Geffen, P.C.

If the house and land was deeded out of the living trust back to your father before he passed away, it is now an asset of his estate. If he had a will, the property is governed by the terms of the will. If he did not have a will, the property is governed by Texas intestacy laws. Either way, you will have to go to court to get the property to the appropriate heirs.

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Answered on 3/04/11, 7:21 am


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