Legal Question in Wills and Trusts in Texas

my father passed away and we need to transfer property from his name to my moms name. we did a muniment of title only. she is in a nursing home and we have power of attorney. will a quitclaim work?


Asked on 11/17/09, 9:21 am

1 Answer from Attorneys

I'm not really sure of the issues here, as an MT will clear title from the deceased person to the person listed in the will. Don't do a quitclaim, they almost never satisfy a title company down the road. You may likely need a type of warranty deed, though I can't really tell from your fact pattern. Because your power of attorney dies with the power grantor, you shouldn't chance it doing it by yourself. Get a lawyer or title company to do this properly, while the power grantor is still alive. In many cases, you can get this done correctly for a few hundred dollars.

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Answered on 11/22/09, 9:50 am


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