Texas/ Probate Puzzle

[Dana Nay]

HQ'd in Florida with a wholesale property in Texas that the daughters (2) would like to sell to move Mom into an Assisted Living Home, but...

Biological Father passed away in 1995. Mom remarried in 1998 and that bore no children, but the guy had two emancipated children. Mom put #2 on the Deed, replacing #1, and he passed away in 2005. No will or Probate. The two children passed away, but we don't know yet when, but years ago. Then, Mom remarried #3 (Okay no jokes now) in 2008 and buried him in 2012. He wasn't placed on the Deed. No children or kids in that one.

The Title company said we, the client, needs to locate the deceased children's heirs regarding claims. IS THAT CORRECT? IDEAS, HELP, GUIDANCE?
  

[Jerel Ehlert]

Meh...depends. (typical lawyer)

M and #1 had 2 kids (?) -> #1 dies.  Did #1 have a will? Was it probated?  

If #1 was intestate, his half passes under TX Probate Code (statutes in effect at time of death). Texas is/was/always a per stirpes with representation.  Their interest in #1's estate passes according to their wills or intestate succession.

Worst case, file for Procedure to Determine Heirship, then have the heirs' interest put in the registry of the court.

Next problem, is M competent or does she need guardianship (or a lesser accommodation)?