Legal Question in Wills and Trusts in Texas
Forced to Inherit?
My father recently died after two years in a facility. He was a collector and his house is in terrible shape. It would cost 40k just to make it habitable. I begged him to let me sell it but he wouldn't accept that he wasn't going back to it. We were told that Medicaid put a lien on the house when he went on it two years ago. When his costs exceeded the value of the house, we stopped paying taxes on it. I hoped knowing that would force my father to sell. It didn't. Now it is in foreclosure, plus we are getting citations for the clutter. Since I put my brother as the mailing address, HE has been summoned to court. I have a will, but didn't intend to probate it because of these issues. I am willing to let the property and its problems go and let Medicaid and the city fight this out between them. Can I be forced to inherit?
1 Answer from Attorneys
Re: Forced to Inherit?
No. The property remains the property of your deceased father's estate. Your brother should make that fact known concerning the citations for the clutter. The property does not belong to you or your brother. Let the city and Medicaid fight it out. However, you might be able to work a deal with the taxes and Medicaid to negotiate the amount due if you wanted to acquire the property. If you wish to discuss this matter, contact me by email.