Can we rescind a General Warranty Gift Deed

C

CHUMBONES

Guest
Jurisdiction
Texas
Hello. My question is regarding a General Warranty Gift Deed. Our brother, a resident of Harris County, passed away. The estate is intestate. His wife has passed away and there are no children legally adopted or biological. All five of the surviving siblings have submitted and filed a Small Estate Affidavit. Three of us have signed and filed General Warranty Gift Deeds. One sister is named on the Warranty Deed as she wants to maintain her share of the property. The other sister did not sign the Warranty Deed as she was undecided. On The Gift Warranty Deed, we named the son and daughter of the deceased wife. They were as I mentioned, not biological or adopted children of our deceased brother.
We, the 5 siblings, have decided to drop the deceased wife's son from the Warranty Deed and add the undecided sister to the Warranty Deed. Can we re file a new General Warranty Gift Deed that will cancel the prior deed? I have perused the real property site and I have the file numbers and dates filed. Are the forms found on the internet acceptable in the Harris County Court? I have been comparing them to the ones we filed and the information is all the same, a little different format.
Thank you for your consideration.
 
I'm guessing you all did all this without benefit of an attorney's advice.

Well, once you (the grantor) sign a deed, you have relinquished any and all ownership interest in the property in favor of the grantee (recipient).

There's no changing the mind, it's a done deal.

The recipient (now a grantor) would have to, in turn, sign another deed relinquishing his/her ownership interest in the property in favor of another person (new grantee).

As it stands now it appears that the son and daughter of the deceased wife (from a prior marriage?), and two of the sisters are now the owners of the property.
 
I'm guessing you all did all this without benefit of an attorney's advice.

Well, once you (the grantor) sign a deed, you have relinquished any and all ownership interest in the property in favor of the grantee (recipient).

There's no changing the mind, it's a done deal.

The recipient (now a grantor) would have to, in turn, sign another deed relinquishing his/her ownership interest in the property in favor of another person (new grantee).

As it stands now it appears that the son and daughter of the deceased wife (from a prior marriage?), and two of the sisters are now the owners of the property.

Thank you so much for answering! Actually the "son" was being helped by an attorney. some of the sibs were on board and some not. you are right, we ALL should have been represented.
 
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