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Living Will Problem - Affidavit of Heirship?

Posted on: 01st Jul, 2010 04:32 pm
Living Will is listed on the Burleson County, Tax Records in Caldwell for Clifford M. and Dorothy C. Rogers who have both deceased. We are trying to see the property but the title company will not proceed until we come up with documentation proving heirship. We have both parents wills which do not mention the Living Will and we have had both wills probated. How can we get around this Living Will to proceed with selling. Would an Affidavit of Heirship with the probated wills be proof enough? Thank you for your help.
Living Will help needed. Parents have died, wills probated and now we want to sell the property but the title company will not proceed until we come up with a copy of the living trust, which we do not have. Would an affidavit of heirship, probated wills be proof enough for the title company?
Posted on: 01st Jul, 2010 04:35 pm
Hi halldorrie!

Welcome to forums!

I guess you are speaking about your parents' living trust. You will have to contact the attorney who helped your parents to prepare the living trust and get the required documents from him in order to get it transferred and sold off.

As far as the will is concerned, you've already probated it. Now you need to record the will at the county recorder's office and divide it amongst yourselves.

Feel free to ask if you've further queries.

Sussane
Posted on: 01st Jul, 2010 09:48 pm
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