Legal Question in Wills and Trusts in Texas
deed or title
I am executor of Mothers will and inherited the family home. I am living in the home and looking to refinance mortgage that Mother had. Banks say they need a special warranty Deed. My lawyer says i do not need one. I have a declaratory stating I am now the sole owner of the property. What do I need to do?
2 Answers from Attorneys
Re: deed or title
Your lawyer is correct.
But the mortgage company actually wants something filed of record in the real property records; either the order admitting the will as muniment of title, with the will attached, or a special warranty deed with you as executor transferring the property to you as the devisee in the will.
Re: deed or title
If you are the executor of the will and you have been issued letters you can execute, in your capacity as executor, a deed to yourself in your individual capacity. If you did a muniment of title, then you don't need an additional document, just a copy of the will and the order admitting it to probate. You should have your attorney communicate with the title company to set things straight.
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