Legal Question in Wills and Trusts in Texas
Estate left too 3 people
My question is my grandfather died and did not have a will so he has about half an acre of property. My mom has been paying taxes on this land since 1991 but the land is still in my grandfathers name so how can she go about transfering the title to her name. She does have 2 brothers but niether of them want the land and are willing to sign paper work stating so. So what is the easiest route to go to accomplish this the land is not worth much so my parents arent trying to spend all kinds of money for legal expense's just get the taxes and all in thier name.
2 Answers from Attorneys
Re: Estate left too 3 people
If her brothers would let go of their claim to the land, in return for your mother giving up her claim against them for 2/3 of the taxes she's paid, an Affidavit of Heirship should do the trick, along with each brother signing over his interest in a special warranty deed. Not inexpensive, but less than opening a probate in intestacy.
Re: Estate left too 3 people
Unfortunately, there is no cheap way to resolve the delimma without going to court and getting a partition. However, if she did file a suit for partition, she would be entitled to recoup the siblings share of the taxes.
She cannot claim an adverse possession title without exclusively possessing and using the property AND giving the siblings notice (preferably written notice) that she is claiming title to the property by adverse possession. After ten years after giving the notice and continuing her possession, she would own it by adverse possession (unless there is an intervening suit over the property). However, she probably could not sell it to anyone without going to court and getting a judgment for the full title based upon her claim and possession under the adverse possession statutes.
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