Legal Question in Wills and Trusts in Texas
no will
My mother past away 14 years ago, she left no will my father and mother together had 10 children. My mother had a son from
being a victim of rape assault my grandparents raised him
he knew who his mother was. My father and mother had a house my father put the house name in return that I
pay the taxes The Warranty Deed is in my name My attorney drew up a quit claim deed for my half brother to sign he said my half brother would inherit my mother's estate due to he was her first born and she left no will, he has signed this document willing my mothers estate to me and it has been recorded is this valid and do my brothers and sisters have any claims in this property? My father since
then has past away and left a living Will which was executed in 1996 leaving me as excuter and leaving all his personal properties to me all monies, tools etc. I shared allwith my brothers and sisters except the house which is not worth much. please let me know if my quit claim deed is valid.
Texas
to me
2 Answers from Attorneys
Re: no will
Your half-brother would have inherited your mother's half interest in the house, but for the quitclaim. He has given you whatever interest he may have had in the house.
It will be considered a cloud on the title for purposes of title insurance, but it should legally give you full ownership of the property.
Re: no will
I'm not real clear what went on from your fact pattern, but I can tell you a few things:
1. You need to establish clear title in the property.
2. A quitclaim is not recognized by most title companies.
That being said, when your mother died, if she owned half of the house, then her half of the house is split between all of her children, equally. (I'm assuming she had no will.) You would need an affidavit and deeds from the other siblings in order to clear that half of the title. The other half would presumably be dealt with by the father's will.
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