Legal Question in Wills and Trusts in Texas
sale of property-heirship requirements
father died 1985, had a will but did not try to probate until after the 4 year deadline, the judge told me it was to old and had to do an heirship, stepmother has lived in the house until a year ago and she died, her kids give me the keys and said here is your house. My father had 2 other legitament kids before me and 2 ill-legitament after me. His house was hit by a storm and about 1/4 destroyed. Can I sell it before I do an heirship? A realator said I can. I do not know how to get ahold of his 2 oldest kids (in Missouri) haven't seen them in 17 years. What do I need to legally sell this an possibly put their monies in an escro account or what? basically Can I sell this house?
2 Answers from Attorneys
Re: sale of property-heirship requirements
If you have a reasonable explanation for the delay, the will may be entered into probate as a muniment of title. That would then show who has title to the property. Otherwise, you'll have to go the heirship route which will be expensive.
The house can't be sold without being able to give clear title. And, under the circumstances, that is impossible without some action taken in probate.
We've handled similar matters.
Re: sale of property-heirship requirements
Your realtor is not a lawyer and he or she is wrong. You cannot convey clear title without either proceedings to declare heirship or an heirship affidavit. It is possible that an attorney at a title company can help you clear title and can prepare the affidavit for a reasonable fee. You will need to find ALL of your father's heirs and have the title company distribute the proceeds accordingly.
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