Deed Problems with Property of Deceased Mother

[jdwalker4]

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 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 are three of us heirs to her estate, but the name on the deed is that of our deceased mother. How do we change the deed to show our names as heirs? There is a complication in that we have no idea where our sister is. She has some sort of dementia and disappeared about three years ago. How do we deal with her whereabouts being unknown? Since we do not know how to find our sister, can only my brother and I sign the deed without our sister's signature? If only my brother and I can sign the deed, are we required to do that together in front of a notary? He lives in a distant city but within Texas. Would it be better and easier to get my brother to sign a quit claim deed? Or, is it possible for me to go through the entire process of giving away this lot as if I am the only heir?

 

[jharris352]

Wow, so many questions, where to begin. Some quick short answers for you:

1. First you have to go through probate. This is what we affectionately refer to as "dead man on title."
2. You did not just automatically "inherit" this property because your Mother died. Did she have a will? If not, she died "intestate" and there are guidelines as to who receives what, including the state.
3. No you can't just sign the deed. You have to get a court to change the deed.
4. Your sister is going to be a big problem. You are going to have to initiate a quiet title action for her part of the land or it can not be sold. Part of the ownership is hers and it can not be sold without her signature or a judge passing her over.
5. Your brother can quit claim his interest to you and let you sell the property. After 1. The will or property goes through probate so he has an interest to quit claim.
Depending on how "worthless" this property is you have an expensive problem to GIVE it away. Whoever you are giving it to should play your expenses.

 

[jdwalker4]

Thanks for your help. I should have realized that there would be no easy answer. Your comments about going through probate were especially troubling. But those comments ignited a spark of memory, so I appreciate them. In my records I found an "Affidavit of Heirship" that was recorded with the County about two months following my mother's death. In that document it clearly states that we three "were all and her only surviving heirs at law of (our mother). That there was no administration on her estate, none being necessary. That there are no estate or inheritance taxes due against said estate."

We are hopeful that this will allow us to proceed without the requirement of going through probate. But we assume that we must make plans to go to court for a change of name on the deed. And we must find someway to deal with our missing sister. Surely our parents never realized the burdens that would be placed upon us as a result of their lack of action.

Thanks again,
Jerry

 

[jharris352]

Well, please understand that wills and trusts are an area I am quite weak on, I just know a good deal about real estate so I thought I would throw my 2 cents worth in.