Legal Question in Wills and Trusts in Texas

My brother died without a will in Texas. My mother and I are his only family. It is my understanding that we are equal heirs to his estate. His only assets are a very old trailer that can not be salvaged and the lot it sits and it is a mess. It maybe worth $4K. He owed $2.7K in back property taxes and the city is now demanding that the lot and trailer be cleared or they will fine the property $2K a day. We do not want anything to do with his assets. Under the law do we have to accept his assets and are we responsible for his debts or can we walk away and not accept the assets or debt?

Thank you


Asked on 8/12/09, 11:14 pm

1 Answer from Attorneys
Keith Engelke Law Office of S. Keith Engelke

I have not checked to confirm whether you and your mom are his heirs. Under the law, his estate is repsonsible for his debts. (back property taxes) Does the city know that he has died? I am not sure about debts incurred by his property after he died.

You can hire a lawyer to draft and file a disclaimer and negotiate with the city.

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Answered on 8/13/09, 9:04 am


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