Legal Question in Real Estate Law in Texas
lack of a will
I'll try and be brief(no pun intended)
I have a house in Waco (McClennan county) Texas that is not in my name. My Father died without a will. My father had no brothers or sisters. I have one half brother. Before my father died he gave me the house with the stipulation that I pay the taxes and deal with it. I've been paying the taxes for the last 11 years or so and have reciepts. My father was given the house by my grandmother who likewise died without a will. My father's father is deceased. My grandmother was married twice. Her second husband was named Buck. Buck is deceased-no will. Buck talked my grandmother into putting the house in his name which is what the deed indicates. Buck had two sons who I belive are deceased. I don't know what his two sons names are and I don't know if they have any heirs. My father was an attorney but never practiced. At one point he told me that he thought that if I hung onto the property and paid taxes on it for ten years that it would revert to me. Somehow that seems to easy. Any thoughts would be appreciated. Thanks so much.
2 Answers from Attorneys
Re: lack of a will
Theoretically, yes, under the doctrine of adverse possession. However, to "perfect" your interest (a legal term the provides you with "marketable" title), you will need to get a declaratory judgment from the court which "declares" you the true owner. If I were to handle an uncontested action like yours, the legal fees would be in the area of $2,500 to $5,000 depending on the facts of the issue and required research.
Re: lack of a will
You have a mess on your hands. If you can complete the family history and you can locate the living relatives of the deceased titled owner, then they can sign their rights over to you. This would involve no court time, and be relatively inexpensive. If you cannot find them, then you may be able to "adversely possess" the house, which requires an effort to locate the people and an expensive court proceeding. It's a fact specfic situation, so I strongly recommend your checking with a probate or real estate attorney sometime soon. Most offices (mine included) will give you an initial consult or telephone consult at no cost.
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