Okay this one gets stranger and stranger each time my sister calls...

My sister inherited our grandmother's home a few years ago (from our dad). She recently decided to sell it and found a buyer. While my sister's attorney is doing the paperwork for the title, we discover that the home was transferred by affidavit to my dad AND his siblings because my grandmother's will was never probated. (My grandmother's will specifically left the property to my dad but because it was never filed, that nullified the will.)

Next step, my aunts and uncle legally relinquish their right to the property so it looks like everything is smooth sailing for my sister. However, my sister's attorney discovers my uncle has a civil judgement against him for several hundred thousand dollars so my uncle cannot just sign over his rights to the house to my sister. Is that correct?

As I see it, her only option is to buy my uncle's share of the property and have that go to the judgement. Is that right or are there other options? Thanks in advance.

Thanks for the response. There's no deed that I'm aware of but I'll double check. The disclaiming instead of deeding sounds good. He does have children so would that work if they all did the same? Family's on board; everyone just wants to sell the house. It's in Victoria County.

Thanks again!

Can't thank you enough! Seems like a logical and doable plan.

"The home was transferred by affidavit to my dad"?

Affidavit of heirship, I believe.

Just went through very similar situation.

Went through Austin Title to use their attorneys to prepare first the affidavit of heirship and then second, curative deed.

Pick out the title company you want to use and then let them do the work so that they are in control of the documents they need to insure the title to your sister's buyer

Alternative to going the disclaimer route would be to consider probating Grandma's will now as a Muniment of Title (may be tricky depending on whether she has been dead for more than 4 years). That would get uncle (and aunts) out of the picture.

Disclaimer route may be tricky as well if Uncle has already signed deeds or otherwise exercised some ownership/control over the property.

There are paths forward but hurdles. Good luck.

Thank you!

The uncles civil judgement can only take your uncles share of the proceeds.

They can only foreclose on his share of the property.

Attorneys know this which is why they aren't foreclosing.

They should release it.

If not I'll pay cash for your sisters share and deal with the judgement

Are y'all still plugging away on this one?

Yep, still at it. Looks like my sister may just pay for my uncle's share of the property.

Interesting.typically an affidavit of heirship says there's no need to probate the will because the devisees under the will are the same as the heirs at law ( those who would inherit if there were no will)

Sounds like this wasn't the case. Sister should have probated will.just lucky other heirs at law are going along with thisoften not the case. Still might want to probate to circumvent that judgment problem.

localag88 said:

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Interesting.typically an affidavit of heirship says there's no need to probate the will because the devisees under the will are the same as the heirs at law ( those who would inherit if there were no will)

Sounds like this wasn't the case. Sister should have probated will.just lucky other heirs at law are going along with thisoften not the case. Still might want to probate to circumvent that judgment problem.

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The vast majority of Affidavits of Heirship that I have seen were used where there was no will.

itsyourboypookie said:

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The uncles civil judgement can only take your uncles share of the proceeds.

They can only foreclose on his share of the property.

Attorneys know this which is why they aren't foreclosing.

They should release it.

If not I'll pay cash for your sisters share and deal with the judgement

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Is Tyler here? That is who Hotard should talk to.