How best to get inherited property into my name?

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How best to get inherited property into my name?

I have continued to make payments on land that my mother bequeathed to me in 2005 (probated Will in 2006). I will be paying off the property in the next 12 months. I want the property to be in my name once it is paid in full. Do I need to do an assumption deed prior to paying it off, or can I just pay it off and take the paid off warranty deed with vendor’s lien and have it put in my name based on the probated Will on file with the county courthouse?

Asked on July 20, 2011 Texas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Assming there was a Probate of your mother's estate and you were to receive legal title to the property you are asking about, and if the Probate proceeding has concluded, there should be a court order that the property be placed in your name and that the order has been recorded on the property.

If that has happended, you have legal title of record to the property. You can go to the county recorder's office where the property is located and confirm this. If it is not in your name, you need to review the Probate file for an order putting title in your name, get a certified copy of the order and record it on the property you were to inherit.

If the mortgage is going to be paid off soon, the mortgage company needs to record a full reonveyance of the mortgage that is a lien on the property showing that it is paid off. Ownership title and mortgage liens are two different things with real property.

Good luck.

 


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