Legal Question in Wills and Trusts in Texas
statutes on claiming property
My father passed away in 1997 and left no will. i am the only child and my mother is deceased. He had a home that was paid for but i never had anything changed. someone has tried to sell this property to someone else. do i still have rights to it? and how do i go about putting it in my name if possible to sell. The county taxes were in my father's name until last year when the person ''sold'' it. This person is being prosecuted for filing a false deed which is how i was informed of these happenings. Were do i stand as far as getting the property?
1 Answer from Attorneys
Re: statutes on claiming property
You need to establish title to the property ASAP. There are several ways to do this, depending on the estate's status. If the estate is debt free, then the most common way to claim ownership is with an affidavit of heirship. However, you also have a cloud on your title, so you may also need a suit to quiet or a TTT suit in order to clearly establish your ownership. You need to act very quickly, though.
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