Posted on: 13th Nov, 2009 04:50 pm
five years after the death of our mother, we discovered that she owned a small, low valued lake lot. my brother and i have no interest at all in keeping the lot. we likely will just give it away. to dispose of it, we are sure that we must obtain our mother's death certificate, but what is the best way to handle the deed situation? there is a complication in that we have no idea where our sister is. she has some sort of mental problem and disappeared about three years ago. what do we do about her? since we do not know how to find our sister, can just my brother and i sign the deed without our sister's signature, and if we can sign the deed, are we required to do that at the same time in front of a notary? would it be better and easier to get my brother to sign a quit claim deed? of, can i just go through the entire process of giving away this lot as if i am the only heir?
We live in Texas, and the lake lot in question also is located in Texas.
Hi jdwalker!
Welcome to forums!
As the lake lot is in your mother's name, you and your brother will have to file an affidavit of heirship at the county recorder's office and transfer the property in your name. Then both of you can sell off the property. As far as your other sister is concerned, I would suggest you to contact a real estate attorney and take his opinion. He would guide you as to what steps you need to take.
Feel free to ask if you've further queries.
Sussane
Welcome to forums!
As the lake lot is in your mother's name, you and your brother will have to file an affidavit of heirship at the county recorder's office and transfer the property in your name. Then both of you can sell off the property. As far as your other sister is concerned, I would suggest you to contact a real estate attorney and take his opinion. He would guide you as to what steps you need to take.
Feel free to ask if you've further queries.
Sussane