Laughlin A F B, TX Estate Planning Law Firms & Lawyers

It appears that the quit claim deed was executed after the will was signed by your mom and is a valid conveyance. As long as the transaction occurred in good faith between your mother and the grantee to the quit claim deed, he or she has a valid claim to the real property. To be on the safe side, I strongly recommend you get a consultation with a local attorney.

Because your uncle has a daughter, she is legally entitled to take his property when he passes away under Texas law (assuming he is unmarried with no other children). Your uncle will need to execute a simple will that states you are to inherit from him rather than his daughter. This can be done for a small fee with a reputable estate planning attorney.

In Texas there is a simple form of probate where the will is admitted as a Muniment of Title only. If that was the form of probate, then the order proving up the will is sufficient to transfer title to the beneficiaries - there is no other document necessary. If there was an administration where an executor was appointed, it was that executor's duty to transfer the house into the beneficiaries name(s) by recording a deed of some kind. If this was not done, you may need to contact an attorney to get the court to order the administrator to do his job.