Canutillo, TX Estate Planning Law Firms & Lawyers

In order to deal with real estate of a decedent you must open a probate case and have the court appointed representative deed the property. It may be possible to work with a title insurance company and insure over the title defect with the filing of a death certificate, an affidavit of heir-ship and a deed signed by all heirs. There is likely to be an additional endorsement fee beyond the usual charges and a personal undertaking (indemnification) that the heirs must sign. This will not cure the title defect but it may induce the title company to assume the risks if they are comfortable with the heir-ship proof.

The signer of a will can only bequeath property that is owned by her at the time of death. They cannot transfer property of another. With that being said, there could be some contractual situations that arise, but that does not appear to be what you are describing.

In theory, it shouldn't, as judgment liens typically don't attach to homestead property. In practice, title companies are reluctant to issue title insurance (required for a reverse) if there are judgments. You might consider trying to settle the judgment lien prior to applying for the reverse.