Legal Question in Wills and Trusts in Texas
Division of Property after Death
My grandmother died and left property, land, to her two adult sons, My father and his brother. My father's brother and his wife died approximately 5 years ago. My father's brother has adult living children. Does the property, land, belong soely to, my father, my grandmother's only living son? Does he have to divide it with his brother's adult children. My father is the only person paying taxes on the land. There is and never been a will.
2 Answers from Attorneys
Re: Division of Property after Death
The property belongs to dad and deceased brother's heirs. If he has been paying taxes, he would be entitled to reimbursement, however, if he has been occupying the land, he would be liable for rent to brother's heirs for their 1/2. Dad may be an adverse possessor and may make a claim as such if facts apply to this scenario (I don't have enough info to determine). Check it out with an attorney.
Re: Division of Property after Death
If no will, it goes to your father and brother(his children) equally..paying taxes may get reimbursed..so try negotiation now...get a lawyer..we would be glad to help..
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