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Updated over 6 years ago on . Most recent reply

User Stats

103
Posts
33
Votes
Anthony Ellison
  • Houston, TX
33
Votes |
103
Posts

Title issues w/minors and probate

Anthony Ellison
  • Houston, TX
Posted

I have a deal I'm trying to get closed before  the 2/5 auction. 

quick break down:

Homeowner has passed

Seller has already went through probate.

There are 2 minor children involved

the 2 kids were born to both parents.

I received an email from the title company this morning that states:

Homeowner interest went to her minor children and 1/3 life estate interest went to husband.

Due to the fact the children are minors we would need to have someone named as guardian of the children. We would then need an order from the court approving the guardian and the proceeds for the children would then be deposited in the registry of the court for the children.

Seller should probably discuss with an attorney to assist obtaining an order under Texas Estates Code 1351.001.

Has anyone every had to deal  with this? If so how did you handle it?

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