Posted on: 11th May, 2009 06:50 pm
Should I sign a warranty deed to my sister at the same time I execute an Affidavit of Heirship?...My sister is the executor of mom's estate and on advice from an attorney we are executing an Affidavit of Heirship. There are no debts or cash and all that is involved is my mother's house. We plan to sell it and split the proceeds later this year. Along with the Affidavit she sent a warranty deed for me to sign title of the house to her for a nominal sum. I assumed it was to make it easier for her to do the paperwork to sell the house, but since she is the legal executor I don't know why this is necessary. The attorney's instructions only include the Affidavit of Heirship and I'd rather NOT sign the warranty deed just yet. Can I sign just the Affidavit without signing the Warranty deed?
Hi dmcauliffe,
Signing a warranty deed will mean that the property is free and clear and that there is no lien on the property. If your attorney has not asked you to sign the warranty deed, then do not sign it now. Consult your attorney about the warranty deed and take his opinion. For now, you can sign only the affidavit of heirship.
Thanks
Signing a warranty deed will mean that the property is free and clear and that there is no lien on the property. If your attorney has not asked you to sign the warranty deed, then do not sign it now. Consult your attorney about the warranty deed and take his opinion. For now, you can sign only the affidavit of heirship.
Thanks