Legal Question in Wills and Trusts in Texas

Form for waiving legal rights to a property to a sibling.

My mother lives in the ''family house'' that was left to her and her 5 other siblings at the death of their parent. Is there a form online or somewhere else that the other 5 can sign to waive any future rights to the property and sign over their right of ownership to my mother?


Asked on 3/08/07, 10:29 pm

3 Answers from Attorneys

Cheryl Rivera Smith The Smith Law Firm

Re: Form for waiving legal rights to a property to a sibling.

They need to sign a Warranty Deed, but you may want the help of a lawyer or title company to see that it is prepared right.

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Answered on 3/09/07, 6:01 am
Peter Bradie Bradie, Bradie & Bradie

Re: Form for waiving legal rights to a property to a sibling.

Look for a form called waiver of right, or waiver of interest, or waiver of inheritance. If the other four waive their right to inherit, then all their portions go to the fifth.

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Answered on 3/09/07, 10:43 am

Re: Form for waiving legal rights to a property to a sibling.

I don't know enough facts about your situation to discuss this in detail. I can tell you that in these situations, I would normally suggest your going to a title company and asking what they want in order for you to have clear title to the house. They'll usually tell you for a nominal fee which forms you need. You can then hire your own lawyer to prepare them. My suspicion (based on a number of assumptions) is that you would need an heirship affidavit (to clear title to the siblings) and then warranty deeds from the siblings to whomever is keeping the home.

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Answered on 3/09/07, 11:07 am


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