Mom Wanted Us To Have This House!

Real Estate Agent with RE/MAX DFW Associates 0534986

Mom Wanted Us To Have This House! 

A few years ago a older gentleman asked me to list his home for sale. I made the appointment & set a date to meet him. Upon arrival he informed that his wife was deceased & had left a handwritten will leaving him the home & everything else she owned. This is the table she sat at and wrote her last will & testament!  I asked him if it was probated & he said , no it had not been probated. He also told me he had two stepdaughters that knew about this and they were okay with the sale of the home! 

I proceeded to list the home and took the handwritten will to the title company. They said an Heirship Affidavit would be all he needed to do to sell the home! I took the Heirship Affidavit to the seller and he sent it to the stepdaughters immediately. Meanwhile house gets an offer, seller accepts and it goes to escrow. 

Everything was running so smoothly....until the stepdaughters said " Mom wanted us to have this house!" and refused to sign the Heirship Affidavit!! Screech....go the brakes. Now the seller has to probate the Handwritten Will which took about 60 days.  Luckily for him the buyer in escrow was willing to wait. 

It was difficult for him to accept the fact that his stepdaughters did this  but thankfully the seller was awarded the home & everything else owned by him and his wife in the marriage,  by the probate judge. The stepdaughters recieved nothing. We closed the home and I took the seller to the airport, he moved far away to Denver! Can you blame him? 

Moral of the story: If there is a Will of any kind, get the Heirship Affidavit completed BEFORE you list any home on the market!  This situation turned out ok, but most buyers don't want to wait 60 days or more for a home to go throught a probate court! 

Posted by

Tracy Lee Parker

Broker Associate with

Servicing all of North & East Texas Areas for home selling, home buying, leasing & property management since 2005!  

(972) 365-7198
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Comments (15)

Will Hamm
Hamm Homes - Aurora, CO
"Where There's a Will, There's a Way!"

Hello Tracy and thank you for your great information to share with us here in the Rain, a learning experience.  Happy Spring week.

Mar 19, 2023 09:13 AM
Joan Cox
House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

Tracy, back in the day, a handshake was good, but now everything needs to be recorded.  Great story!

Mar 19, 2023 09:18 AM
Michael Jacobs
Pasadena, CA
Pasadena And Southern California 818.516.4393

Hello Tracy - I admit the "heirship affidavit" is not something I immediately recognize.  There are times when such things need to be followed in the right order and with the guidance as well as the proper representation.  I think this situation qualifies as one of those times.  

Mar 19, 2023 09:22 AM
Patricia Feager, MBA, CRS, GRI,MRP
Selling Homes Changing Lives

Tracy Lee Parker - When it comes heirship, Texas has strict laws. Although waiting 60 days for probate seemed like a long time, it proves a point: Prevention is better than cure. Proverbs and cliches often have a lot of variants, but when it comes to State Statutes, well... you can't fight City Hall. 

Having a properly notarized Last  Will and Testament filed with the Court in Texas prevents step-ins on the 13th hour, or stepchildren from trying to steal the closing. 

Tracy, thank you for a great entry for the March to a Solution|ActiveRain March 2023 Challenge. I hope you can get two more in, as you hope too! 

Mar 19, 2023 09:25 AM
Kathleen Daniels, Probate & Trust Specialist
KD Realty - 408.972.1822 - San Jose, CA
Probate Real Estate Services

Wow, Tracy Lee Parker - this has a great moral to the story with a valuable lesson learned.  Adding to that, they buyer waited and the judge did the right thing.  Amen to that! 

Thank you for participating in the March to a Solution Challenge. 

Mar 19, 2023 10:45 AM
Anna "Banana" Kruchten
HomeSmart Real Estate - Phoenix, AZ

I am glad to hear the judge made the right decision. Geez.  It's hard to imagine kids or anyone acting so shamelessly but I know they do.We've done many sales similar to this but have always known upfront before it goes on market who actually is the rightful owner.

Mar 19, 2023 11:54 AM
Nancy Pav
Century 21 Redwood Realty - Ashburn, VA
Nancy Pav, Your "GottaHave" Realtor

You think you know how people are going to react....then BAM!  they change their minds.

Mar 19, 2023 11:55 AM
AJ Heidmann ~ CRS
McEnearney Associates, Inc. - Alexandria, VA
YOUR Alexandria & Arlington, VA Real Estate Expert

Tracy ~ I am glad that things worked out for you and your client in the end, but your story is a cautionary one about dealing with the will early on in the sales process.

Mar 19, 2023 01:20 PM
Richard Weeks
Dallas, TX
REALTOR®, Broker

Congratulations on your new listing.  Nice house and nice job with your presentation.

Mar 20, 2023 03:05 AM
Nina Hollander, Broker
Coldwell Banker Realty - Charlotte, NC
Your Greater Charlotte Realtor

Hi Tracy... I've sold my share of estates but have never encountered an heirship affidavit... will need to do some research.

Mar 20, 2023 05:35 AM
Kat Palmiotti
eXp Commercial, Referral Divison - Kalispell, MT
Helping your Montana dreams take root

Wow, what a story. And what a shame that the stepdaughters did that - people can behave badly after the death of a family member.

Mar 20, 2023 05:49 AM
Tracy Lee Parker

So true changes people sometime! 

Mar 20, 2023 11:18 AM
Ed Silva, 203-206-0754
Mapleridge Realty, CT 203-206-0754 - Waterbury, CT
Central CT Real Estate Broker Serving all equally

Nice job with the sale. I did have a house that went through probate but were fortunate that there were no issues, and all closed on time.

Mar 20, 2023 09:11 AM
Nick Vandekar, 610-203-4543
Realty ONE Group Advocates 484-237-2055 - Downingtown, PA
Selling the Main Line & Chester County

I have never heard of an heirship affidavit before, That is some story, glad it worked out, but it could have got really nasty.

Mar 20, 2023 01:01 PM
Ray Henson
eXp Realty of California, Inc. (lic. #01878277) - Elk Grove, CA

What an unpleasant surprise that must have been for your client (and you!).  I would not have thought it could have gone through probate that quickly, but I am glad it did.  Well done!

Mar 20, 2023 01:11 PM
Ray Henson
eXp Realty of California, Inc. (lic. #01878277) - Elk Grove, CA

You've been Featured in the BananaTude Group.


Bananatude Photo

Mar 20, 2023 01:21 PM
Tracy Lee Parker

WOW ! 😀 thanks

Mar 20, 2023 01:29 PM