Deceased Real Estate Property Title ?
o.k. i know this is a forum for strippers but i need some help and hope someone can help. A long time ago our next door neighbor lady died. she was in her 90's. she never made a will but she let her family know and my mom know that when she died, she wanted my mom to keep the house. Everyone agreed and we've had the house ever since. The problem is how can we change the house to my mom's name or anyone else' name? The owner is deceased the family is long gone and we are not her relatives. What should we do? By the way this is in Texas.
Thanks!!!!!!
Re: Deceased Real Estate Property Title ?
BRB <---CK grabs her Real Estate Textbook
Re: Deceased Real Estate Property Title ?
Ok, from what I'm gathering, you need to speak with a Real Estate Attorney. I would hate to tell you the wrong thing (since I"m in Ohio).
I think that you will just need to get the deeds switched over. Which you would just go go city hall to do. Since she didn't write a will, more than likely the state owns the house. Get that straightened out quickly. Hopefully she was not paying on the house because then it will be going into foreclosure.
Re: Deceased Real Estate Property Title ?
The property will go into Probate- but you need to seek the advice of an attorney.
Re: Deceased Real Estate Property Title ?
How long a time period are we talking about that you mom has lived there? There has got to be at least property taxes, who has been paying them? Your mom? Who actually pays the taxes the local goverment could care less If your mom has been that does not give her any ownership rights but keeps the goverment from taking the property for back taxes.
Just because the owner died without a will doesn't mean that someone wasn't the rightful new owner, any relative no matter how distant could have went thru the probate process and had the property tranferred to there name. Do you know if that happened? A title search will tell you. If it is still in the name of the original owner and there are no relatives that can be found then the property normally becomes the property of the state, but this is normally the result of lack of payment of property taxes. So as long as they keep getting paid??
Consult a real estate and probably a probate attorney. but be prepared for the answer that your mom may never be able to "just transfer" the property to her name.
It is not just a case of going down a filling out a few forms.
The best case scenario might end up being that she will just end up getting to live there for the rest of her life "rent free" as long as she keeps paying the taxes and maintains the place. If she can transfer the title you can count on it being, expensive, (tons of legal fees) take a long time and there will be plenty of legal and government red tape hurdles to overcome and until it is totally 100% done it will not be a sort of sure thing.
I suspect the government may want to try and take posseesion, so that they can then sell it to the highest bidder.
They still get there taxes from who ever the new owner is.
Re: Deceased Real Estate Property Title ?
Quote:
Originally Posted by Stipperella
o.k. i know this is a forum for strippers but i need some help and hope someone can help. A long time ago our next door neighbor lady died. she was in her 90's. she never made a will but she let her family know and my mom know that when she died, she wanted my mom to keep the house. Everyone agreed and we've had the house ever since. The problem is how can we change the house to my mom's name or anyone else' name? The owner is deceased the family is long gone and we are not her relatives. What should we do? By the way this is in Texas.
Thanks!!!!!!
OK, first you need to go run record title to the property at the clerk of court's office for the county where the property is located (Deed Records). Assuming her husband predeceased her, you'll need to determine whether he too died intestate or, instead, left a will which was probated. Assuming intestate, the family owned an undivided 1/4 at that point, and she owned an undivided 3/4 (her half, plus half of his half). Of course, all of this is assuming it was not his or her separate property to begin with. Anyway, when she died intestate, her entire interest went to her remaining relatives - children in equal, undivided interests first, but if one or more predeceased her, will get complicated after that.
Since you say "she let her family know" and "everyone agreed," IF they still agree, you'll need to get them to convey the property to your Mom. How long ago did she die? Who's been paying the property taxes? Go to Central Appraisal District in your county and look up same - may have tax problems which will need to be dealt with as well.
You can do much of the legwork on this on your own and cut the hell out of your costs - clerk's office, CAD, etc. are very helpful. Then once you've got a good idea of the basic situation you're looking at, if it's still worth it you'll need to retain counsel to clean whole mess up properly.
Feel free to PM me if you need more info re running title, etc.
GB