Legal Question in Wills and Trusts in Texas
Tranfer of Realestate
I have a question regarding decendents of a probate. My step Father died with no will. I am the executor of his estate. I have two brothers that want to renunciate thier interest in your family home. I am willing to take on this realestate, but I need to know what forms to have drawn up? Do I need an Affidavit or Quickclaim Deed, or what? Please help
2 Answers from Attorneys
Re: Tranfer of Realestate
You said you are the executor, but there is no will. Did you go to court and get appointed as an administrator? Is there a judicial finding of who the heirs are, and how much each heir owns? What about the debts of the estate? To answer at least part of your question, you would need a family settlement agreement, disclaimer for the two heirs and deeds (not quitclaims) from the heirs to you. When dealing with real property, don't use forms, use a lawyer or title company or both, as you don't want to mess this up (and it's easy to mess up.)
Re: Tranfer of Realestate
You said you are the executor, but there is no will. Did you go to court and get appointed as an administrator? Is there a judicial finding of who the heirs are, and how much each heir owns? What about the debts of the estate? To answer at least part of your question, you would need a family settlement agreement, disclaimer for the two heirs and deeds (not quitclaims) from the heirs to you. When dealing with real property, don't use forms, use a lawyer or title company or both, as you don't want to mess this up (and it's easy to mess up.)
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