Legal Question in Real Estate Law in Texas

Re: Back Property Taxes

You will need to clear the title to the property before you can sell. You should be applying the rents to the back taxes ASAP--there's no need to make new problems. Anyway, clearing the title shouldn't be too difficult, you could likely accomplish this with an affidavit. As for the other heirs, you should get some estate planning documents in place very quickly. This will allow you to avoid serious problems down the road.

Re: Back Property Taxes

Someone who is not mentally challenged may not have the capacity to transfer their interest in teal estate. In that case, you may need a guardianship which is an expensive process. Normally, you will need deeds from the three owners and probably an affidavit of heirship, though it sounds like you are going to need a guardianship for that one owner. You will also need a deed of trust and a note. Best to see a local lawyer.

http://www.reasonable-doubt.com

Re: Back Property Taxes

You can have the bulk of the taxes paid by the title company or closing attorney out of the net proceeds at the close of escrow. Make sure there is not a tax foreclosure suit happening now, and if it is going on, work out a payment plan with the taxing authorities ASAP! Be sure and contact the City, School, and County taxing entities. In the meantime, a Texas attorney will need to help you to clear title to the property in the estate and with the conveyance of that property from the possibly incapacitated heir. Best of luck.