Legal Question in Wills and Trusts in Texas
Myself and my brother was left my parents house when they passed away. He was incarcerated the whole time after my mother passed away. I took care of all the funeral expenses for my mother and paid all the taxes insurance and up keep on the property for the last 10 years . My brother never paid any of it . He was released from prison a year ago and died from an overdose of heroin in January. He had no will. I want to know if I can put a lien on his part of the property for the insurance , taxes, my mothers funeral, his funeral that I paid for , and his car that I paid off when he was locked up ? He has two children who never contributed anything or helped with the property at all. I want to make sure if I have to settle with them on his part of the house I get what he owed me. I was the executrix of my parents will . I wanted to be fair to my brother so I put the house in both of our names . Mistake. Thanks, Sandy Texas
2 Answers from Attorneys
Adminstrative expenses are priority claims. So are funeral expenses. However I am not sure that you can make the administrative claim after 10 years. It would have been better if you subjected your brother's interest to the cost of administration at the time you conveyed the house to him. You have a separate claim for expenses you paid after you conveyed his interest to the house to him.
You need to consult an attorney that practices probate and real estate law.
Under these facts, you may have a claim to the entire property under the doctrine of adverse possession. You should have a real estate attorney look at the specific facts.
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