Legal Question in Wills and Trusts in Texas

warranty deeds

I asked this question yesterday, but need to be more specific. We live in a home owned by my mother in law, who is deceased. My husband started a home equity loan process, and the loan company prepared Heirship Affidavits that we had signed, notarized, and then filed with the local county office for both her and her husband, since he is deceased as well. We stopped doing business with the loan company after they prepared and mailed out Warranty Deeds to my husbands siblings to sign the house over to my husband. We need to know if we are able to go ahead and have the warranty deeds signed, notarized, and filed with the county office so that we can open up a new loan with another loan company for a home equity loan. We stopped doing business with the loan company after they slipped some paperwork in making his siblings responsible for the loan, but since we are responsible for paying the attorneys who prepared the paperwork anyway, we felt that it should be OK to go ahead and file the paperwork to get the Heirship process started and get the house in hy husbands name. Is this OK, or would we need to go to an attorney and have a different type of Deed made up since we are no longer going through the loan company?


Asked on 10/24/06, 10:37 am

1 Answer from Attorneys
Cheryl Rivera Smith The Smith Law Firm

Re: warranty deeds

You can go ahead and do what you want to do, but you want to make sure you don't mess anything up. It would be better to have soneone look over the papers to make sure it is done right.

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Answered on 10/25/06, 8:01 am


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