Posted on: 06th May, 2009 10:28 am
who are the heirs who must sign a special warranty deed. do you need to go into the 2nd generation...Our mother had her home homesteaded and she died 10 years ago. She had 12 children and now there are only 6 of us left. The decision was made to sell the home. Who should sign the special warranty deed (Texas)?
Hi kingandmarywagner,
While selling off the property, those who are mentioned on the property deed should sign the special warranty deed. If your mother's name is not removed from the property deed, then the 6 children will have to file an affidavit of heirship in the county recorder's office and transfer the property in their name. Once this is done, then they can sign the special warranty deed.
Thanks
While selling off the property, those who are mentioned on the property deed should sign the special warranty deed. If your mother's name is not removed from the property deed, then the 6 children will have to file an affidavit of heirship in the county recorder's office and transfer the property in their name. Once this is done, then they can sign the special warranty deed.
Thanks
If the property is in your mother's name and she is dead, she cannot sign the deed, and so the property cannot be transferred by deed.
What you need to do is either file an affidavit of heirship if allowed in your state, or go through full probate. Consult with a local probate attorney.
What you need to do is either file an affidavit of heirship if allowed in your state, or go through full probate. Consult with a local probate attorney.
