Legal Question in Real Estate Law in Texas
Heirship affidavit
My sister and I filed a Heirship Affidavit for my mother's home. The title is now in both my name and my sister's. We would like it to be in only my name at this point(I pay the mortgage and upkeep). How do we go about removing her name from the title?
2 Answers from Attorneys
Re: Heirship affidavit
Step one is to deterimine that the heirship affidavit is valid, and there are no other interests in the property (check to see if the father had an interest that needs to be extinguished).
Step two is to buy your sister out. You can do this with a family settlement agreement.
Step three is to have your sister deed her interest to you using a special warranty deed. Depending on how you structured the buyout, you may also need a note and deed of trust (if you're paying her over time.)
Re: Heirship affidavit
A deed is what transfers title from one person to another. Your sister would need to sign a deed which needs to be recorded in the county where the property is located. You might have a title search done and have someone review the heirship affidavit if you are concerned that there might be any other intersts outstanding in third parties.
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