Legal Question in Real Estate Law in Texas

How would I handle the sale of some property that was left to me and my brother since we did not have the will probabated and it is in our Dads name?


Asked on 8/11/10, 1:46 am

2 Answers from Attorneys

David Leon David L. Leon, P.C.

You would have to clear the title to the property. There are a number of procedures available, but the appropriate one depends on the specific facts, and I don't have enough information. When did Dad die? Is the property land, car, bank account? Or a combination? Are there debts or taxes? Are there other children or spouse of the dad?

Dave

http://leonlaw.com

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Answered on 8/16/10, 6:24 am

Like David said, we do not know all the facts. Not knowing when your father passed away is critical on some procedures. I am going to answer this as if you are wondering about real estate. If so:

You could consider probating the will as a "muniment of title". This is an unique Texas procedure where the will is filed through a probate proceeding to transfer ownership of real estate in Texas to the beneficiaries in the will without a deed or a full probate.

You already know you need to do this to transfer real estate title into the right names so it can be sold.

If you have the will and and only Texas real estate is owned by the deceased, this is one of the least expensive ways to "settle" the deceased's affairs.

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Answered on 8/16/10, 9:11 am


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