Legal Question in Wills and Trusts in Texas

Re: Real Estate After Someone Dies

NOTE: The following answers are based upon the assumption that "you" are the only living relative and the only living heir who is referred to in your paragraph.

QUESTION: What would happen to the house in the months during which the paperwork was sorted out?

ANSWER: Why do you say "months"? It should be no more than a couple of weeks unless there is a dog fight over the estate. If there is a fight, then presumably one of you will seek temporary orders to manage the estate. Until a representative is appointed, no one other than perhaps the legal combatants and/or burglars will be entering the house. If you are the heir, you will want to take steps to protect the property.

QUESTION: Would it be boarded up?

ANSWER: No one will be there standing guard your property for you or nailing up boards for you. If this is a concern, you will have to get your own nails.

QUESTION: Would there be a notice on the door?

ANSWER: Not unless you put a notice on the door. An exception might be an IRS tax levy if the decedent owed delinquent taxes.

QUESTION: Would someone take care of it?

ANSWER: Not unless you are there taking care of it.

QUESTION: Could it get looted?

ANSWER: This is a question that a security expert would be more qualified to answer. Considerations are whether the property is in a locked gate community or in an open high crime area, whether there are concerned neighbors, etc.

Re: Real Estate After Someone Dies

There are too many variable in your hypothetical. Mr. White has answered some.

How you get notice is strictly determined by the facts on the ground. A friend or neighbor may call, or a funeral home may call asking what you want done with the body, or you may get a lawsuit for a tax deficiency for a few years of non-payment.