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My father passed away recently and left several pieces of real…

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My father passed away recently...
My father passed away recently and left several pieces of real estate that are considered to be community property. Therefore she owns 1/2 and my sister and I own the other 1/2. We live in Texas. One piece of property with a storage building on it my step mother wants to keep for her use. I don't want her to pay me for my share of it, just let her have it; what is the best way to transfer the deed to her name alone? Another small lot worth approximately $1000 we want to sell but once again don't want our share of the money, in fact, I want her to be able to sell it on her own without my input at all, do we do the same thing with that small lot?
Submitted: 8 years ago.Category: Real Estate Law
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6/24/2010
Real Estate Lawyer: Ray, Lawyer replied 8 years ago
Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 48,844
Experience: Texas Attorney for 30 years dealing in real estate
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Thanks for your question.You woudl need to obtain lawyer here and file dependent administration,The court will order it all sold here or otherwise divided.No way around a lawyer here and you can seek to be named administrator of the estate.The estate would reimburse you for legal fees here in hiring a Texas lawyer.Court has to approve everything beforehand here in dependent administration of there was no will.
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Customer reply replied 8 years ago
There was a will and I am the executor, there are no debts to pay. I'm not sure I understand your answer. What forms do we need to produce and execute?
Real Estate Lawyer: Ray, Lawyer replied 8 years ago

You file application to probate the will here.A citation gets published.After time period has run then you go in front of judge and there is order admitting it to probate.Application, notice, order, oath of executor--these are the initial forms.The order and oath remain unsigned here--you file them and then on the day you are appointed judge signs order and you do the oath and receive your letters.

 

Here are the forms.

 

http://www.texasprobate.com/

 

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Customer reply replied 8 years ago
I've already done all that, my specific question is how do I do what I want to do with the properties? I do not want my share of the proceeds from the sale of the properties, I want to give full ownership to my stepmother so she can do whatever needs to be done on her own; that is selling one lot and keeping the other for her personal use.

Since the properties were declared at probate to be community property, she owns 1/2 and my sister and I own the other 1/2. We want to give her all rights to the properties so she can do whatever she wants. What kind of deed or other paperwork do we need to execute with her?
Real Estate Lawyer: Ray, Lawyer replied 8 years ago
Mother here needs to go to title company here and have them prepare a declination of inheritance here and also file will for probate.The will and declination get filed here and property is then deeded from her as executor to herself as sole heir.But you really need a title company here to prepare this to make sure she gets property in good title.also you can decline here to serve as executor if she is getting everything they can name her as executor.To me this is the best way for you both to get out and make sure she has good title here.There just aren't preexisting forms for this but lawyer will hand draft them and file them.I am a Texas lawyer here for 26 years and worked at title company.

Edited by RayAnswers on 6/24/2010 at 2:03 PM EST
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Real Estate Lawyer: Ray, Lawyer replied 8 years ago
Here is an article about disclaimer and there is sample form after ward.This is the type of document the title company would prepare here for your particular situation.It allows you to disclaim your interest here.

http://www.texasprobate.com/articles/disclaimer.pdf
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Customer reply replied 8 years ago
She is not the sole heir and I don't wish to give up executorship, I'm just trying to be as nice to her as I can by giving her this property; also she lives in the town where it is located and can sell it much easier than I can long distance.
Real Estate Lawyer: Ray, Lawyer replied 8 years ago
Then you would probate the will here.As executor you really need to liquidate the property and give her the money if you choose.You can declaim your entire share due you or give her the part you get as proceeds from a sale.You are going to need a lawyer here to probate the will.As excutor here you need to sell the property for benefit of all heirs.Use a realtor here to list it.Call local title company here where proeprty is located.Having worked in small town title company this is best way to probate and deal with real estate.They always have a lawyer--most are owned by lawyers.

Edited by RayAnswers on 6/24/2010 at 2:52 PM EST
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