HELP - Property Deed / Death In Family

**bkey** · 12-30-2011, 12:07 PM

I really need advice. We live in Tarrant County, TX. My grandparents house was titled the following way: 25% Grandmother, 25% Grandfather & 50% my parents. My mother passed away first with no will. Then my grandfather with a will leaving everthing to my grandmother. Then my grandmother with a will leaving everything to her children of which 5 are living and one has passed, my mother. My grandmothers will used the language that if one of her children had passed, then the it would still go to the kids of her passed child.

Currently, the deed only has my dad on it who is alive. We want to change the deed into another family members name. How do we do it? Quick claim deed? Heir ship affidavit? We do not have the money to hire a laywer and nothing has been through probate court.

Please help.

Thans Brian

**CC Lifestyle Realty** · 12-30-2011, 01:21 PM

Seems to me if I understand the order of events the father legally owns %50, four parents (children of grandmother) at 40%, and the decesed mother's children divided equally the remaining 10%. There are other issues that can go into this however including the validity of the will's at the time they were made, i.e. was the grandmother mentally capable when she created her will.

BTW, you meant Quitclaim Deed, not a quick claim deed. Anyway, you can always transfer a deed. Since you live in Texas you need to fill out a Texas Warranty Deed document, have it notarized and filed with the local county clerk. A Quitclaim is usually only viable when transfering property to family members and you are 100% certain the person on the deed has 100% full ownership. With a quitclaim you are not transfering any absolute ownership rights that the courts would most likely honor. Even in this case whoever you transfer the ownership to using a Special Warranty Deed they as well as the father may go to court. My advice would be to seek out an attorney on this.

**Greg** · 12-31-2011, 05:17 AM

The property has 6 owners. Whatever you do make sure you have the approval of all 6 before proceeding. The odds of all 6 agreeing to anything is very very slim. these situations usually stir up a lot of emotions which can foul up the situation. You need a lawyer, so start saving your money.