How to get land title in my name after a settlement has been reached in probate court regarding a dispute?

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How to get land title in my name after a settlement has been reached in probate court regarding a dispute?

2 people have inherited one property. It came to the attention of one of them that the other had allegedly stolen X number of dollars from the estate. So the one person has agreed to settle the amount owed by giving up claim to their portion of the property. Estate is in probate. What do we need to do to get the property properly titled in the name of one beneficiary? Beneficiary receiving the total property could be appointed executor if that helps speed up the proceedings.

Asked on October 26, 2011 under Estate Planning, Texas

Answers:

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

Answered 9 years ago | Contributor

I am sorry for your loss and for the ensuing problems.  First, the estate has to go through probate in order to properly transfer the property.  When you say "inherited" do you mean that there is a Last Will and Testament or did the person die "intestate" - with out a Will?  Either way a personal representative has to be appointed.  But I would really consider contacting an attorney in your area to help with this matter.  Either way there should be a settlement agreement of some sort regarding the "stolen" - I prefer misappropriated - funds and the party that misappropriated the funds should "relinquish" their right to inherit the house, if that is what you have agreed to.  Do NOT do this n your own.  Good luck,


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