Real Estate

Your simple real estate request might be unknowingly tied to a business, elder law, Medicaid, VA, probate or tax issue. Marquardt Law Firm, P.C.’s real estate attorneys will talk to you about your goals and reasons so that your simple general warranty, special warranty, or quit claim deed actually accomplishes the result you want. You definitely want a Texas real estate attorney to help you understand your oil, gas, and mineral interest and royalty interest.


What is the easiest way to sell a deceased person’s home with clear title?

Have you ever heard of affidavit of heirship?

Please allow me to share some of my experiences with affidavits of heirship. The top seven referrals I received from realtors after the title company attempted affidavits of heirship are:

1.)   When one of the heirs had a tax problem

2.)   When the surviving spouse unintentionally forgot that her husband of 40 years had been married previously and, surprisingly enough, had children before this 40 year marriage began

3.)   When difficult-to-find heirs were scattered across the country

4.)   When one of the heirs could not sign the listing agreement, sales contract, or deed because of a 
mental illness or disability

5.)   When the surviving spouse was underwater and overburdened by debt

6.)   When the eight different heirs could not agree on which realtor to hire, whether to fix up the property in order to increase the value, and what price to list the home

7.)   When the decedent received nursing home Medicaid benefits

8.)   When the buyer wanted to keep the purchase of the property private

Consider helping your friends and family members by beginning with the end in mind. Sometimes it is far easier to probate the will just so that you can enjoy working with only one decision maker – the independent executor – or to deal with the successor trustee of a trust and have immediate authority to sign documents and sell the property.