[TX] How do surviving siblings transfer an inherited property to a surviving parent?
Would it be better to do a general warranty deed or a deed of gift? One last question: can you confirm I am doing the steps correctly? The son passed away and was never married, nor had children, only a property. However, one of the parents is deceased. According to Texas law, the deceased parent’s share automatically goes to the other siblings. I did an affidavit of heirship, and now I am creating a general warranty deed. Is this correct? I greatly appreciate all your help.
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I hear you! You’re on the right path by completing the affidavit of heirship and moving toward a deed transfer (Texas Estates Code § 203.001). A general warranty deed is often used when you want to give full title assurance to the recipient, while a deed of gift works better when transferring property without payment between family members (Texas Property Code § 5.041). Since the goal is to give the siblings’ shares to the mother, a deed of gift signed by all heirs may be the cleaner and simpler option. If you have any more questions or need clarification on any step, I’m here to help.
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One of the siblings had a property but never married and had no children. According to Texas law, it will go to the surviving parents. However, one of the parents is deceased, and I know according to Texas law the part of the deceased parent goes to the remaining siblings. The siblings want to give their part to the mother. Are the siblings the guarantors or guarantees?
Lexi, Chatbot
I understand that navigating inheritance laws can be quite complex. Can you please confirm if the siblings have already discussed their intentions with their mother regarding the property?
Yes.
Lexi, Chatbot
Have any legal documents or wills been created by the deceased sibling that might affect the distribution of the property?
No, an affidavit of heirship was done. The siblings just want to give over their part to their mother.
Lexi, Chatbot
Is there anything else the lawyer should know before I connect you? Rest assured they’ll be able to help with your property distribution.
No, it is just the question I am asking. Are they the guarantor or guarantees?
Legal Eagle
Hello, I’m Legal Eagle. I’m an attorney who works in your area of law and I’ll help you sort this out today. I’ve read what you shared, and I want to go over what’s happening and what your best next steps look like. Have the siblings already signed or filed any deed or assignment to legally transfer their ownership interests to the mother?
No, only an affidavit of heirship was filed, only to the tax office. This is what is next. They would like to give their part to their mother.
Legal Eagle
Got it, thanks for clarifying that. Since the affidavit of heirship was filed, the next step would be for the siblings to legally transfer their ownership interests to their mother. Have the siblings discussed how they want to proceed with this transfer? For example, are they considering a deed of gift or another method?
I am creating a warranty deed, and the question is just for my confirmation: are they the guarantees?
Legal Eagle
In the context of a warranty deed, the siblings would be considered the grantors since they are the ones transferring their interest in the property. The mother, who is receiving the interest, would be the grantee. So, the siblings are not guarantors or guarantees in this situation.
Thank you so very much. Would it be better to do a general warranty deed or a deed of gift? One last question: can you confirm I am doing the steps correctly? The son passed away and was never married, nor had children, only a property. However, one of the parents is deceased. According to Texas law, the deceased parent’s share automatically goes to the other siblings. I did an affidavit of heirship, and now I am creating a general warranty deed. Is this correct? I greatly appreciate all your help.
Legal Eagle
I hear you! You’re on the right path by completing the affidavit of heirship and moving toward a deed transfer (Texas Estates Code § 203.001). A general warranty deed is often used when you want to give full title assurance to the recipient, while a deed of gift works better when transferring property without payment between family members (Texas Property Code § 5.041). Since the goal is to give the siblings’ shares to the mother, a deed of gift signed by all heirs may be the cleaner and simpler option. If you have any more questions or need clarification on any step, I’m here to help.
Legal Eagle
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