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The grandfather died intestate and left land in Texas. Three grandkids stood to inherit it. The oldest died, no children.

Waelder, TX |

Just a wife. The second child died, She had two kids but they died too. There are only 11 children left as heirs. The third child is still living and has 8 kids. Can the spouse of the first person sign over her right to inherit it to the child of the third person? Can the third person sign over her right to the same child? Can they then file an affidavit of facts concerning identity of heirs and have all of the inheritance property put under that one child's name leaving the grandkids of the second child out?

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Attorney answers 3

Best Answer

I don't anything other than a Declaration of Heirship proceeding in court is going to clear title to this land. The way someone would "sign over" an interest in real property is a deed. But, you have to prove they are an owner first. That is what the Declaration of Heirship proceeding does. They are going to need an experienced probate lawyer.

DISCLAIMER: This is not specific legal advice and does not establish an attorney/client relationship.


The date of death of each person involved in your question must be known to determine who owns how much of the land in question. A probate attorney needs to be consulted to determine whether a judicial heirship proceeding or an affidavit of heirship would be the appropriate alternative to clear title as well as whether an administrator needs to be appointed for any of the estates. Once the ownership of the land has been determined, if an owner wishes to transfer his or her interest to someone else that may done pursuant to a gift deed.


I agree with Mr. Clausen. Hire a probate lawyer.

John Zgourides
(713) 876-7001

My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.