Home Selling in Fort Worth>Question Details

Phletcher, Home Seller in Fort Worth, TX

i inherited a house in texas, on a quick claim deed, i want to sell,with no luck. do i need to probatewill to clear this title?

Asked by Phletcher, Fort Worth, TX Tue Jan 12, 2010

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It will be difficult to get title insurance with only a quit claim deed. Title insurers want a warranty deed of some kind. Remember, a quit claim conveys only what interest the grantor had to begin with -- if he had no clear title, then the grantee gets that clouded title. It is unlikely that any buyer would accept the sale without clear title.

An unprobated will clouds the title as well, since without the probate court's approval it is not obvious who owns the property.

Yes, you really need to consult a title attorney to get the best advice on how to proceed next. Probating the will may be advised if you are the named person to inherit the property. The probate proceedings will establish that (or not). The executor then conveys title to you.

If the deceased willed the property to someone else and that person 'deeded' it to you by quit claim, the original conveyance to the someone else has not been established yet if the will is not probated. Despite the cost involved, it is unlikely you will ever find a willing buyer who understands your 'ownership' of the property without resolving who the current living owner is. You truly need legal help to figure out what to do next and we Realtors can't give you that.
Web Reference: http://www.SumnerRealty.com
1 vote Thank Flag Link Tue Jan 12, 2010

Likely yes....you will need to probate the will or work with a probate attorney to accomplish this.
Just let me know if you need a referral to a good probate attorney. There may be other ways around this as well. Quit Claims only relinguish the interest of the party giving you the quit claim. It does not establish your ownership of the property.
Web Reference: http://www.dfwSnapshot.com
0 votes Thank Flag Link Tue Jan 12, 2010
Bruce Lynn, Real Estate Pro in Coppell, TX
Who granted you the "quick claim" deed?
0 votes Thank Flag Link Tue Jan 12, 2010
Dear Phletcher,
A quit claim deed should prove title if and when it is recorded. A title company attorney or a real estate attorney can tell you for sure. If your home is in Fort Worth, I will be happy to put you in contact with those that can legally answer the question. Real estate agents are not allowed to provide legal advise. I would also be happy to perform an anlaysis on the home and see what the market value is. Check out my awesome website at http://www.alexanderchandler.com/. I am here to help.
Alexander Chandler
Alexander Chandler Reatly
0 votes Thank Flag Link Tue Jan 12, 2010
HI Phletcher,

Most likely no but any agent will be hesitant in answering this question before you speak with a Real Estate attorney. I do an attorney you may want to call, name is Myron Kimball. I don't want to give his # out over the internet but, mine is 972-757-6273. Contact me and we can talk more about your situation.

Web Reference: http://justinhenryhomes.com
0 votes Thank Flag Link Tue Jan 12, 2010
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