Legal Question in Wills and Trusts in Texas
My mother passed in 2005 and she left the house to my brother and me. My older brother was living with the younger brother and I left it alone. There came issues with the 2 and the older brother moved out. The younger brother was not able to maintain the house and all utilities were shut off and property taxes were never paid by them. Around 2 years ago....I sold my house to move to my mom's house. I put in lots of money to have the roof redone and redo the kitchen and bathroom that were full of mold. We have made this a home and I have paid all the delinquent taxes and the younger brother also stays there. The younger brother is making problems with my husband and playing kids games by calling the older brother and telling him lies. The older brother is calling me and telling me that he is going to get my husband out and that I have no right to call that my home. That it is all of ours. The will was not probated but I have the original in my possession. The house states left to my brother and me. I have put the money into the house not the younger brother or anyone else for that matter. Can the older brother get away with it?
1 Answer from Attorneys
What the Will says today is meaningless. I'm not sure why you would never have offered the Will for probate, but it certainly has created quite a mess. In Texas, a Will must be offered for probate within 4 years of the date of death. After the expiration of 4 years, while it is still possible to have the Will admitted, there are some additional burdens that you must (and might not) overcome. Until the Will is admitted to probate, its terms are not enforceable.
As it is, the house belongs to all of your mother's heirs, which may or may not be you and your siblings. The respective interests that you own in the home may vary, but one underlying truth is that none of you has any greater right of occupancy or control. Technically speaking, any non-occupant heir could demand some kind of rent from you -- offset by your payments for the taxes, maintenance and needed repairs.
Unfortunately, this is what happens when you hold onto the Will and do nothing with it. It's not too late to achieve what you want, but given the animosity among you and your siblings, it's likely going to take an attorney to sort all of this out.
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