Legal Question in Wills and Trusts in Texas
getting possession of abandoned property
My mother in law passed away leaving her house to one of the nieces. this niece has never probated the will and has not paid a dime in taxes. she has trashed the property and moved to another state. Q. is how can my husband and his siblings get legal possession of this house befor the state takes it for non payment of taxes? It's been almost 10 years. She would rather the state take it then let it go back to the family, so she will not cooperate with any effort made by the family.this will have to be done agaist her will. Can this be done?
2 Answers from Attorneys
Re: getting possession of abandoned property
Actually, the property doesn't belong to the niece without probate. You might be able to probate the will yourself and obtain the property for the waste of this niece. You will definitely need a good lawyer for this project. Another alternative would be to wait for the tax sale and buy the property there. You might be able to get if for taxes at less than the market value. But, do not pay the taxes now. That does not secure your right of ownership. You might be able to take control of the property and acquire it by adverse possession (squatter's rights), because she has no right to this property without probate of the will. That's a risky course of action.
Re: getting possession of abandoned property
First, immediately pay the taxes so a tax foreclosure won't take place. Then, since the will was never probated, the property should pass as though your monther-in-law passed intestate or without a will. You will need to contact an attorney to do an heirship proceeding in the probate court to clear title. Last heirship proceeding I did, I charged $1,500, so expect a comparable charge.
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