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Transfer Deed

Posted on: 22nd Feb, 2009 05:57 pm
I purchased a home for my mother in 1998. When she became ill in 2007 I paid the loan off and transferred the Deed into my Mothers name so that she would own her own home before passing in 2008. She executed a will transferring the house back to me. My mother was disabled and had no other assets. All of her debts have been satisfied. I have 8 other siblings who will not contest the will. Can I file an affidavit of heirship to transfer the property back into my name?
Hi Nakitawms,

You can definitely transfer the property into your name by filing an affidavit of heirship. It's an useful way of transferring the property of a deceased person to his/her heirs, when there is a will but the heirs do not want the property to go through the probate process. For a similar discussion, you can refer to the following page:
http://www.mortgagefit.com/texas/affidavit-heirship.html
Posted on: 22nd Feb, 2009 08:46 pm
Affidavit of heirship is used when there is no will. Also, outside of Texas and Illinois is an affidavit of heirship ever used for REAL ESTATE?
Posted on: 23rd Feb, 2009 06:32 am
Hi Nakitawms,

An Afidavit of Heirship will not be useful in this regard. As the guest had said, it is used when there is no will. When the owner has died leaving a will, the property has to go through the process of probate which will distribute the property to the successors.

Thanks,

Jerry
Posted on: 23rd Feb, 2009 11:54 pm
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