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My grandfather passed away leaving land that is still in his name, his ex-wife wants to sell it but he has 8 living children?

El Paso, TX |

My grandfather passed away leaving land that is still in his name. He has 8 children living which are the heirs of the land. His 2nd wife vacates the property and is wanting the children to sign the deed over so she can sell it. Is there a way to have her removed off the property and how do we get the letters of Affadavit of Heirship to stop.

Attorney Answers 2


  1. I urge you to contact an attorney locally to help you determine the appropriate route to transfer title of your grandfather's land.

    Under Texas law, sometimes the assets owned by the decedent may not need to go through the probate process. Generally, these alternatives are most appropriate when the estate consists primarily of real estate and the decedent did not have any debt at the time of death, except possibly debts secured by real estate.

    The Affidavit of Heirship is generally used when someone died without a Will and left only real estate. The heirs can record their ownership by filing the Affidavit of Heirship in the deed records of the county where the decedent owned real estate.

    The Affidavit must be signed by two witnesses who knew the Decedent and his/her family history but do not stand to gain anything from the estate. In the Affidavit, those witnesses must swear under oath to the following:

    * They knew the Decedent
    * The Decedent's date of death and county where the decedent died
    * The identity of the Decedent’s family members and heirs
    * A statement that the Decedent did not owe any debts at the time of his death
    * A statement that the witnesses do not stand to gain financially from the Estate.

    Once the Affidavit has been signed and recorded in the deed records of the County, the chain of title will show the real estate to pass to the heirs.

    I am not licensed to practice law in Texas and provide this for informational purposes only.


  2. Your step-grandmother is legally entitled to her share of your grandfather's land, since he was married to her at death. The only way to remove her off the property is to pay her off for her share of the property. She cannot sell the property unless the 8 children sign over the property.