Full question:
My uncle passed away and left his home to be sold and proceeds split 4 ways (My mother, father, myself and an uncle). I want my uncle to sign over his share. Do we use a Special Warranty Deed? How do I proceed. My parents want no $$.
- Category: Wills and Estates
- Subcategory: Disclaimer of Property Interest
- Date:
- State: Texas
Answer:
Your uncle can disclaim his interest in the estate according to the disclaimer of interest statute. To handle the sale of the property, the executor will execute an executor's deed or fiduciary deed. If your uncle is a joint tenant, the executor can transfer his interest to the remaining joint tenants or others entitled under the will. To disclaim his share, your uncle must provide a written disclaimer, acknowledged before a notary public. This disclaimer must be filed within nine months of the decedent's death. Once filed, the property will pass as if your uncle had predeceased the decedent (Tex. Prob. Code § 37A). If you need assistance finding or drafting the necessary forms, users can search for state-specific legal templates at .This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.