Legal Question in Real Estate Law in Texas

Three Heirs- One want out of property ownership/ liability

Mom died 1994 intestate. I paid off all legal fees, funeral fees and taxes and mortgage on estate (~$20,000). Judgment Declaring Heirship and Order of No Administration in 1995. Two the heirs (includes me) lived at home until 2001. Since then only one heir lives there, but failed to pay property taxes. Total for back taxes and fees ~$15,000. Value of property ~ $65,000. I want to be removed from any further liability. (Current liabilities include the back taxes and legal fees, pending fines for high weeds, falling down fence, etc.). Third heir lives out of state and has no interest in keeping the property, address is unknown.

Available options for this situation? Order of Partition? Signing deed over to other heirs? Other options? The other two heirs will probably fail to show at any hearing. I want no direct involved with eviction of sibling. Is filing for partition the best option for this situation and could this incur further debt that would be unrecoverable.

If nothing is done the property will be sold for owed back taxes by the city. If this happens would I be liable for any fees or fines, or get a negative credit history which would come back to haunt me later?


Asked on 3/10/07, 11:07 am

1 Answer from Attorneys

Cheryl Rivera Smith The Smith Law Firm

Re: Three Heirs- One want out of property ownership/ liability

Deed your interest to the other heirs, but be sure you consult an attorney to make sure the form is correct.

Read more
Answered on 3/10/07, 6:24 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in Texas