Legal Question in Wills and Trusts in Texas

Hello, thank you for your help. My mother passed away 10 yrs ago, no will, our father is still alive. She always made it very, very clear to the family that she wanted my younger brother to get the house and do whatever he wanted with it after she passed on. My dad had and still agrees with this. My brother had always lived at home and he was the only one making the mortgage payments, and when mom passed away my brother continued to pay the mortgage payments for the remaining 2 years until the house was paid for. He also paid all the back taxes (2 years or more) that was owed and continues to pay taxes on the property every year. Dad had moved in with a sister and the house was empty.My brother let our nephew move into the house on the assumption that he would take care of the upkeep on the property, which he has failed to do,...so this is the question that we need help with....My brother would like to sell the property and just get on with his life. Can my dad sign the deed over to brother and then will he be free to sell, or is the house already his because he had paid the delinquent taxes and is still paying the yearly taxes? I just thought of another question,..he isn't obligated by law to give the sisters or brothers any money from the sell is he? We are stumped, don't know how to go from here. Please help us if you can, Thank you very much, Carol Villarreal


Asked on 9/22/10, 10:08 am

1 Answer from Attorneys

I don't have enough information to answer that. If the house is titled to your mother alone, and father isn't living there, then you would first need to get the home out of mother's name. Then the heirs for the mother can deed out to the son. Son can then evict. This is not as complicated as it sounds, and, if the family heirs are in agreement, it can be done quickly and inexpensively. Call me if you wish to discuss it further.

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Answered on 9/27/10, 11:41 am


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