Legal Question in Wills and Trusts in Texas

My two aunts died owning a home together. They both died intestate. My one aunt had three children (two of whom) are living in the house, and the other aunt had no children. Basically, there are four heirs. The last aunt died in 2006. My cousins tried to hide my aunt's death from me, but were not able to because they had to get me to sign off on having her cremated. From what I can gather, they each own 1/3 of their mother's portion of the house and 1/4 of my other aunts portion of the house. I figure I own 1/4 of 1/2. Like I said, they have done nothing and will do nothing for fear of having to move. The house is a mess. My cousins live in filth, half the time they don't have running water. As one of their kid's has commented -- the house is held together my roach sh*t. It is a 30 year old double wide and how it has not gone up in flames yet is any wonder. I don't want the house or the land. I have no interest in it whatsoever. I am planning on exercising a quit claim on my aunt's estate that I own a portion of and washing my hands of the whole mess if I can. That said, there are several issues. I do not think they have notified Social Security about either aunt (it's been years!) and the house needs to be condemned. Seriously. One of my other cousins said at one point they were over there and a family of possums had moved in through a hole in the wall. What can I do. I live in NY and the property is in Texas.


Asked on 1/15/11, 5:01 am

1 Answer from Attorneys
Bob Leonard Bob Leonard Law Group, PLLC

You live in NY and the property is in Texas, but where did the aunts live at the time of their deaths? That will determine the jurisdiction. I will assume that they lived in Texas. This is not a proper place for a quit-claim deed. You may be able, however, to file a disclaimer for your interest in the estate.

Someone should apply for an heirship determination to resolve who the new owners of ALL of the aunts' property are. Since it has been more than four years since the aunts died, it is too late to have an administration of the estate. Again, it either of the aunts lived outside of Texas, my answer could be very wrong.

It is possible that the property is not worth enough for anyone to pay for the heirship process. That actually happens fairly frequently. If no one does that, however, it could be more expensive later, especially after one or more of the heirs have died.

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Answered on 1/20/11, 1:12 pm


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