If my dad gave me 15 acres and a 3 bedroom doublewide but did not have any paperwork and has now passed away, what can I do to change the deed?
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If my dad gave me 15 acres and a 3 bedroom doublewide but did not have any paperwork and has now passed away, what can I do to change the deed?
Asked on September 20, 2015 under Estate Planning, Texas
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
You need to visit with a probate or real estate attorney because a number of factors can affect the answer to your question.
If your father's estate was fairly small, you may be able to resolve the issue with a simple affidavit of heirship. These affidavits can be effective tools for avoiding the need for a probate.
If there is no will, but you've been in possession of the property for sometime, you may just need to assert adverse possession... and a real estate attorney can help you with the documents.
Start with the probate attorney and then get a second opinion from the real estate attorney. The reason I'm recommending the probate attorney first is that it's a much cheaper route assuming that's all your situation requires.
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