Legal Question in Wills and Trusts in California
My father died almost six years ago. Before he passed away he did not change his will appointing his sister (whom died before him) as executor of his estate. Me and my siblings took care of his bills and filed his taxes, etc. Three years later I began receiving property tax invoices in my name as an owner of his property. At the time of his death we had no knowledge of this property (In Texas) in his name. I have been paying property taxes for about three years. Recently I was notified by a Utility Company that wants to build a utility line through my (dads) property requiring an easement. My questions are:
- Is going through the probate procedure necessary so many years after his death?
- As far as the executor, is that the only person who can legally make decisions on this property? and if so how can another person be appointed as executor?
- Will I be able to make any decisions about and/or receive any payments regarding this easement, selling of the land in Texas etc. without being executor of his estate?
Help with any of these questions would be greatly appreciated. Thank You.
2 Answers from Attorneys
Ownership of real property can only change hands by an executed deed or a court order. Once a person dies owning property, a court order is the only option, meaning probate is required. There is no other option and the passage of time makes no difference. When I worked clearing titles that had been insured by Fidelity National Title and Chicago Title, I sometimes had to open probate cases decades after the owner died.
Yes, the executor is the only person who can legally make decisions regarding the property in a deceased person's estate. However, the appointment of an executor in a will is only advisory; it is not binding on the court. Anyone can apply to be executor of a will, especialy when the nominee named in the will has died.
No, you cannot legally do anything to do with the property without being appointed executor, for the reasons given above.
Texas, you need to post this in the category for Texas lawyers to answer, not California lawyers. I'm pretty sure I told you this before. California lawyers cannot give legal advice about easement and probate law in Texas unless they are admitted to practice in Texas. Maybe Mr. McCormick is, but I am not.
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