Legal Question in Wills and Trusts in Texas
When my mom died, she left her house to me, but stated that my step-father would be allowed to live in it as long as he wishes.
The problem is, he's not paying the taxes now and, currently, he is (we are) 1 year in arrears, with taxes now due for the current year (2 years worth). This has been an ongoing issue since she died in 2009; year after year, I have to stress over it and pester him to pay the taxes that he and she always paid in the past, or pay them myself. I don't have the money to keep doing this (I have two other homes to pay taxes on.)
I feel I'm being taken advantage of, and I know my mother did not intend for this home to be such a financial burden on me. What are my options? Do I have any legal recourse to force him to pay the taxes (on time) without imposing a burden on me and without risking the loss of the home if he doesn't pay them?
Can I evict him (though, I'd be willing to help him move and help pay some of the expenses to get set up in an apartment or another house) and force the sale of the home under the circumstances?
Also I live in the Dallas TX area and my mom's will was probated in Lubbock, TX, where my step-father and the house are. Do I have to get a Lubbock attorney to handle this, or can I go with someone near my home in Dallas?
1 Answer from Attorneys
Whether or not your mom stated that your step dad could live in that house, if that was their homestead when your mom passed, your stepdad has a life estate in it. That means he pretty much owns it until he dies or gives it up (which by the way should be handled by a seasoned attorney). As the owner of the life estate your step dad must pay the taxes, keep the property maintained, and do all other things that an owner should do to keep the property up. If you are one or the only remainderman, you could go back to probate court and file an action to force him to pay the taxes plus other relief. It would have to be done in Lubbock.
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