When someone passes away in the state of Texas, their assets pass to the deceased’s direct descendants – or heirs – unless a property validated last will and testament is accepted in probate. An affidavit of heirship confirms the names of an individual’s direct heirs and can be used to facilitate the transfer of property if no valid will exists.
For purposes of real estate, an heirship affidavit can allow a deceased person’s descendants to complete the chain of title and cleanly take legal ownership of one or more properties. The document confirms the direct relationship between the heir and the deceased and gives that heir a legal claim to the property. If the deceased validated a will, an heirship affidavit can still potentially be used to facilitate the transfer of property outside of probate if the will exclusively leaves property to direct descendants. Our firm can help you navigate issues of heirship affidavits and resolve any disputes.
Breaches of Warranty and Failures to Disclose
Any seller of real estate has a legal obligation to act honestly and in good faith when negotiating a real estate transaction. Sellers that fail to make certain disclosures or fraudulently sell property that is not theirs can be subject to legal action.
In real estate, a breach of warranty refers to any situation where a transaction fails due to the seller’s not legitimately owning some or all of the property. This can occur when a seller claims to own the property when in fact the property is owned by a third party. Breaches can also occur if encroachments or matters of adverse possession encumber a portion or the entirety of a property.
When a breach of warranty occurs, the seller is legally required to compensate the buyer for the price originally paid plus interest. We routinely represent buyers who have been inconvenienced by a breach of warranty and can work to secure the maximum reimbursement you are owed.
The Texas Property Code requires sellers to advise buyers on known defects and past issues with a property. This can include infestations, roof damage, plumbing issues, boundary disputes, or any other unfavorable element that might impact a buyer’s decision to purchase a property. If you discover a major undisclosed defect soon after completing a real estate transaction, you may be able to rescind the transaction.
If you wish to stay in a defective property, you may be able to pursue legal action against a seller for failing to disclose one or more significant defects. Depending on the circumstances, you may be able to recover monetary and punitive damages. We are familiar with this type of litigation and can advocate for your interests in and out of the courtroom.