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Heirship question

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D

debzdidit

Guest
What is the name of your state? Texas

my mother died in 2000, my father died in 2002. both had wills, but neither will was probated. my mother had a child from a previous marriage and left him 500 dollars in her will, with the remainder of her estate willed to my father. my father then left everything to me and my younger brother. both parents signed an agreement for community property with right of survivorship (real estate, cars, joint accounts, and all community property).

we are trying to close on a real estate issue - my parents financed a note when they sold their home eight years ago and the woman would like to pay off the loan. does the oldest brother have to sign a release (the title company initially wanted him to, but they were unaware of the right to survivorship papers) in order for the proceeds to be disbursed to me, the personal representative, and my younger brother? and, does the will have to be probated in order for there to be a clear title to the property, or any other?

thanks
 


Dandy Don

Senior Member
Only a real estate attorney can help you get this mess figured out. It is possible that probate may need to be done just to establish who the official heirs are and to get their names properly placed on the deed/title.
 

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