Legal Question in Wills and Trusts in Texas
My mom passed away and had no will. my three brothers and myself are her only heirs. we are wanting to sell her house and property. its in my moms name. what is our first step in getting the necessary paperwork to sell property?
2 Answers from Attorneys
When did mom die? Did mom have any debts? Are there any other children besides you three? Are all children adults? Is there any other property besides the house (i.e. bank accounts, etc.)
There are a few different options depending on the answers to those questions. In most cases, there is only the house, no other property, and no debt. The house can be sold with some simple paperwork called an affidavit concerning the identity of heirs.
Dave
http://leonlaw.com/askalawyer
Assuming you all agree as to distribution, you can sell the house using and affidavit of heirship. All heirs will need to sign the listing agreement with the realtor and the title company will help you in preparing the affidavit when it is time to close the transaction.