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My mother is 87 selling her house, her husband died 54 years ago, She had the children sign quit claim deeds once they were adults and recorded at the County Court House. the title company is saying these are no longer acceptable and that she will have to go back to the children with some new form. Why?? This hardly seems right.
There's more to this story....... In order to be of any real help, we need to know all the details surrounding a transaction.
Why did her children ever even have title to the house in the first place? Why, specifically, did the title company say they aren't acceptable. What, specific new form??? What state do you live in? Did or does your mother have an attorney???
My mother is 87 selling her house, her husband died 54 years ago, She had the children sign quit claim deeds once they were adults and recorded at the County Court House. the title company is saying these are no longer acceptable and that she will have to go back to the children with some new form. Why?? This hardly seems right.
Thanks for your responses. My father and my mother were both of the title of the house. My dad died at 38 without a will. There was no probate done. My father had two children from a previous marriage and two with my mother. My mother continued to live in the house and paid it off, they had only been in it two years when he died. When all the children were adults, they signed a quit claim deed to my mother because we were heirs of my dad. These were filed with the County Court house in the 60's.They are saying the quit claims won't work and they we will need to have Affidavit of Heirship. We are in the state of Texas.
Did dad hold the title in severalty without mom? Maybe that is why the quitclaims were made??
If they were joint tenants, then quitclaims wouldn't be necessary. More info needed. What form does the title company want?
Thanks for your responses. My father and my mother were both of the title of the house. My dad died at 38 without a will. There was no probate done. My father had two children from a previous marriage and two with my mother. My mother continued to live in the house and paid it off, they had only been in it two years when he died. When all the children were adults, they signed a quit claim deed to my mother because we were heirs of my dad. These were filed with the County Court house in the 60's.They are saying the quit claims won't work and they we will need to have Affidavit of Heirship. We are in the state of Texas.
There's more to this story....... In order to be of any real help, we need to know all the details surrounding a transaction.
Why did her children ever even have title to the house in the first place? Why, specifically, did the title company say they aren't acceptable. What, specific new form??? What state do you live in? Did or does your mother have an attorney???
Help us, help you.
excon
Thanks for your responses. My father and my mother were both of the title of the house. My dad died at 38 without a will. There was no probate done. My father had two children from a previous marriage and two with my mother. My mother continued to live in the house and paid it off, they had only been in it two years when he died. When all the children were adults, they signed a quit claim deed to my mother because we were heirs of my dad. These were filed with the County Court house in the 60's.They are saying the quit claims won't work and they we will need to have Affidavit of Heirship. We are in the state of Texas.
Do you know if husband and wife were Joint Tenants or took title as Tenants in Common?
I am not familiar with those terms, I have looked at all the paperwork, such as Warranty Deed etc and all I see is.... his name and her name... or his name ,et ux.
It should be in close proximity of their names. John Doe and Jane Doe, joint tenants, blah blah blah
If they were tenants in common, it makes more sense that they need the heirs to sign off. If join tenants, mom would have automatically taken title and just would have to go to the courthouse and have the husband's name removed after his death.
It's key because it determines WHO inherits the property. There are several different ways title to property can be held by married couples. In most cases, titles are held as Joint Tenants with rights of survivorship. Property held that way immediately goes to the surviving spouse.
However, property held as Tenants in Common will go to one's heirs instead of a surviving spouse.
There are other wordings in which title can be held, and the words we're using here aren't the exact same words used in every county and every state.
What we're trying to determine here, is if the title was held with rights of survivorship (and I think we both think it was held that way), then the mother owns the house period, and the quit claim deeds were unnecessary. At least that's what we're hoping, because the solution would be a lot simpler if that were the case.
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