Finding Deceased Parents Deed

Summary

To find a deceased parents home deed in Tyler, Texas, visit the Smith County Clerks Office. If not filed there, check with mortgage companies or law firms involved in the estate. If the mortgage company has gone bankrupt, contact the bankruptcy court for case files. Handwritten wills are valid in Texas but must go through probate. If legal aid is unavailable, consider resources like TexasLawHelp.Org for free legal forms and guidance.

Full Conversation

Trying to find deceased parent's home deed
Hello ****, to find a deceased parent's home deed, you'll typically need to visit your local county recorder's office. Could you please confirm the location of the property so I can provide more specific guidance?
Tyler Texas
To find your deceased parent's home deed in Tyler, Texas, you should:
- Visit the Smith County Clerk's Office
- Request for property deed records
Keep in mind:
- You may need to provide proof of your identity and relation to the deceased.
- There might be a small fee for this service.
Its not filed at county clerk office
Hello ****, if the deed is not filed with the county clerk's office, it may be held by a mortgage company or a law firm involved in the estate. Have you checked with these entities?
The mortgage company filed for bankruptcy in * the emerge under a differnt company that also filed for bankruptcy in *
In this case, you might need to:
- Contact the bankruptcy court where the mortgage companies filed.
- Request for the case files which could contain information about the deed.
Note:
- This process may require legal assistance.
- Fees may apply.
Why is it so hard to get a deed from a mortgage company
Obtaining a deed from a mortgage company can be challenging due to:
- Bankruptcy proceedings: The property deed may be tied up in the proceedings.
- Transfer to new entities: The deed may have been transferred multiple times.
- Lack of organized records: Not all companies keep meticulous records of property deeds.
I dont have the money im trying to do this by myself
I understand your situation. You may want to consider these two options:
*. You could seek help from a legal aid society. They provide free or low-cost legal assistance.
*. If the property was insured, the insurance company may have a copy of the deed.
My mom passed i did
I'm sorry to hear about your loss, ****. Are you saying that you have inherited the property and need the deed to prove your ownership?
Yes my mom left a paper will
Hello ****, I'm sorry for your loss. You may want to consider the following steps:
- Probate the will: This will establish its validity and your claim.
- Check with the lawyer who drafted the will: They may have a copy of the deed.
- Consult a local legal aid society: They can provide affordable guidance.
In her handwriting
****, when you say "in her handwriting", are you referring to a handwritten will? If so, you should know that in Texas:
- Handwritten wills, or "holographic" wills, are considered valid.
- They still need to go through probate.
- It's advisable to consult a legal expert to ensure correct process.
Yes
In Texas, handwritten or "holographic" wills can be recognized if they meet certain conditions. Have you initiated the probate process to validate your mother's will?
Everything cost Lawyers retainer are * and up a hour
I understand your concern, ****. In Texas, you may be able to probate a will without a lawyer. However, it's a complex process and could be challenging. You might want to consider reaching out to local legal aid societies for affordable assistance.
Legal aid here in Tyler declined said its not big enough to assist
I understand your frustration, ****. You may want to reach out to other legal aid societies in Texas. There's the Lone Star Legal Aid and Texas RioGrande Legal Aid. They might be able to help or guide you to the right resources.
Why would a mortgage company send you a congratulations letter with no deed can you answer that
Mortgage companies may send a "congratulations" letter when the mortgage is paid off. However, they might not include the deed because:
- Deeds are often recorded in local county offices, not held by mortgage companies.
- They assume you have a copy already.
If they hold the deed and dont send it how can they assume you already got it
Mortgage companies generally do not hold deeds. After a loan is paid off, they usually send a release of lien, not the deed. The actual deed is often filed with the county recorder’s office. If not found there, you might consider legal assistance.
Ok well i got the lien paperwork is that the same as the deed
No, a lien release and a deed are not the same. The lien release only indicates that the mortgage company no longer has a claim on the property. The deed is the legal document that transfers ownership.
Ok can you file for a lost deed kinda like a lost car title
In Texas, if the original deed is lost, the recorded copy in the county recorder's office is typically considered the official document. If no copy exists there, you may need to file a new deed, often called a "Confirmatory Deed", to reestablish the ownership record. Legal assistance may be necessary.
Can that be done if my mom is decreased
Yes, even if your mom has passed away, you can file a Confirmatory Deed. You'll need to:
- Provide proof of your mother's passing
- Show you're the rightful heir
- It's strongly recommended to get legal assistance for this process.
Confirmatory Deed",
Yes, a Confirmatory Deed can be filed even if the original owner is deceased. It would typically require:
- Verification of your mother's will and your inheritance.
- Legal assistance to draft the deed.
- Recording the deed at the county recorder's office.
Is there not a online form of Confirmatory Deed
Confirmatory Deed forms are generally specific to the state and county. In Texas, you may be able to find a form online, but it's strongly recommended to get legal assistance to ensure it's done correctly.
Ok so just like everyone keeps saying hire a lawyer even though i don't have money for it
I understand your frustration, ****. Hiring a lawyer can be expensive. There are resources available for low-income individuals, like TexasLawHelp.org, that offer free legal forms and information. They may have a Confirmatory Deed form and guide you through the process.