What do I need to do to transfer the title to property?

I have been offered a property in exchange for paying the back taxes. The property belong to deceased persons estate. She has five children that are willing to sign in over to me.

Asked on May 24, 2009 under Real Estate Law, Texas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

In addition to getting the personal rpresentative to sign the deed of transfer, you will also want to get a title report done.  This will let you know what, if any, liens or encumbrances maybe filed against the property.  You know of the back taxes but possibply there is something more.  

The report will cost a few hundred dollars but it will be well worth it.  You can call a title company to do this and it should take about a week or so to get it.  I would do this once you have something in writing stating that the property will be signed over to you pending your receipt of an acceptable title report.  After all, you don't want to pay for this and not get the property.  Once you have reviewed the report the representative can execute the deed and convey the property.

You may want to consider having an attorney help you out with this.  He can prepare a contract of sale, view title, and handle any others matters associated with the closing.  It's not necessary but it would make things easier for you and most fully protect your interests.

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You need to make sure that the title is transferred properly and that the transfer follows the law.  What name is on the deed now?  Does the deceased person have an estate that is being probated?  The property can not go from a deceased person to you directly.  Someone who has been appointed as the legal representative of the estate has to sign the deed transferring the property to you. You should consult a lawyer.  He/She can prepare a contract of sale for the amount of the back taxes and then help with the transfer.  It will protect you in the end.  See attorneypages.com for help in contacting a lawyer in your area, 


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