Why would a title company ask for a Will?

UPDATED: Oct 1, 2022

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Why would a title company ask for a Will?

I’m a real estate wholesaler and have a lead that I’m working on for a house that I plan on getting under contract in the next few weeks. However, the problem is that the lady selling the house tried to sell it 2 years ago but the deal couldn’t go through because the title company asked for the Will to the house because her great grandmother willed it to her grandmother and

she has power of attorney over her grandmother’s properties. The problem is that she can’t find the Will. I’m wondering why the Will is necessary when court documents show the house is indeed in her grandmother’s name.

Asked on October 28, 2018 under Real Estate Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

They are probably asking for the will to show that it is properly and legally in the grandmother's name, and not that the grandmother improperly or illegally transferred it to her, and not that there are any other heirs or beneficiaries out there who may have a legal claim to the whom and so challenge title/ownership.

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