Legal Question in Wills and Trusts in Texas
Probate Necessary?
I am an only child. My father passed in 1996 and mother passed in 2003 leaving everything to me. I have her will but havent probated it due to the expense and creditors at the time.. She had some credit card debts which have pretty much all been written off now it seems except 1 that I pay on monthly. She passed away 4/12/03. We sold our own home two years or so prior to her death and moved in with her to take care of her and knowing that when she passed it would be my house with all its contents(many of which was ours in our home that we just combined with hers). I am wondering two things. I am trying to get the deed and loan tranfered to my name but they are wanting a probated will. Two, What about the taxes on the house. I have just kept paying the mortgage as it was when she passed with increases on insurance and taxes as they have changed over the last two years as pertained to her. I know she had a over 65 esemption or something. Will I owe any back taxes since Im not over 65 or is the fact that it still isnt in my name and still in her name keep me safe from that? What do I need to do to tranfer it all to my name? Probate the will at this point and assume the creditors have just dropped off? Thanks
3 Answers from Attorneys
Re: Probate Necessary?
To fully answer your question, I would need to see some additional documents such as the deed to your mother and father as well as their wills. But generally--If you have made the mortgage payments, very likely the mortgage payment includes an amount which goes into escrow and is used to pay the taxes. Check with the mortgage company. If not, taxes would be due and you may lose the home for failure to pay the taxes. Check with the county tax collector real property division to see the status of the taxes. Will have to be probated within 5 years. If you probate the will known creditors must be notifed, and a notice of probate must be published giving creditors an opportunity to file claims. However you may qualify for a provision allowing a will to be filed without probate for purposes of proving title to real property. Call me to discuss 501.312.9000
Re: Probate Necessary?
Just from the number of questions you have in this inquiry, you have a significant problem. You really need to see a lawyer in your area to untangle this situation. It may very well be that the house can be transferred by a muniment of title which is a quick and efficient process.
Re: Probate Necessary?
You are going to have to probate the will. The question is whether an administration is required, and for that you'll have to engage the services of a lawyer.
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