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General Warranty Deed but Grantor pass away

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chong67

Junior Member
What is the name of your state (only U.S. law)? Texas

I have a scenario and need advice:

1. Currently Grantor is my dad
2. Currently Grantee is my dad (pass away) and my aunt still alive
3. I need to change the Grantee to my name and my aunt name
4. Since my aunt is alive, she should be the Grantor now and she can do the Grantor and Grantee would be my name and her name?

Is that how it is?

What other forms to fill.

Thanks.
 


chong67

Junior Member
I think I answer my own question after doing some digging.

I need to do a "Quick Claim Deed" since its only family members and no money exchange hands.

Then I need to do a Warranty Deed with my name and my aunty name.

But can my aunty be the grantor and gurantee at the same time?
 

justalayman

Senior Member
What is the name of your state (only U.S. law)? Texas

I have a scenario and need advice:

1. Currently Grantor is my dad
2. Currently Grantee is my dad (pass away) and my aunt still alive
3. I need to change the Grantee to my name and my aunt name
4. Since my aunt is alive, she should be the Grantor now and she can do the Grantor and Grantee would be my name and her name?

Is that how it is?

What other forms to fill.

Thanks.
A deed is forever (excepting a correction or a determination it is fraudulent). You don't change anything on a deed already recorded. It stands as is.


Depending on how title was held between your father and aunt, the answer to your question would change considerably. Unless it was held as joint tenants (with rights of survivorship) your father's share is subject to probate of his estate. That means it would be directed by his will, if he had one, or by the laws of intestacy but is also subject to actions required to pay creditors of his estate.

Apparently you have asked questions regarding this in another thread. It's best you kept all questions regarding this matter in that thread.
 

HRZ

Senior Member
Your series of posts suggests you may be lost as to starting point ....and there may be other issues unique to Texas law . .

1. EXactly how is property titled ...list it less names ...
 

Zigner

Senior Member, Non-Attorney
Your series of posts suggests you may be lost as to starting point ....and there may be other issues unique to Texas law . .

1. EXactly how is property titled ...list it less names ...
Review the other thread - OP NEEDS to see an attorney.
 

latigo

Senior Member
I think I answer my own question after doing some digging.

I need to do a "Quick Claim Deed" [sic] since its only family members and no money exchange hands.

Then I need to do a Warranty Deed with my name and my aunty name.

But can my aunty be the grantor and gurantee [sic] at the same time?
Before your newly discovered talent on how to acquire an ownership in real estate by manipulating someone else's deed collapses around you, why don't you look around for some choice chunks of land and add them to your temporary port folio?

"Quick Claim Deed"? Geez! How old are you?
 

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