Rowlett, TX asked in Real Estate Law for Texas

Q: My grandmother died, and the will was never probated. The house/land are just sitting. Can I take Ownership?

There is a house with land. Once in a blue moon someone goes out there, but it isn't being cared for (electrical problems, plumbing doesn't work, bugs, etc...). There was apparently a will, but it was never probated, even though they knew that they were supposed to do it. I love this property and don't like it going to waste, or don't want it leaving the family.

Can anyone just take the land as is?

My mother CLAIMS that she wants it, and pays the taxes every year, but just leaves it sitting. No one else has put any money into it or been out there in years.

I really want to take possession and care for it. Is that possible?

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1 Lawyer Answer
Nancy Hui
Nancy Hui
Answered
  • Pearland, TX
  • Licensed in Texas

A: If there is a will, then the will should be probated so title can pass to the beneficiary according to the will. You can't just say you want it and then it becomes yours. You need to contact a probate attorney (not real estate attorney) to start the process. The longer you wait, the bigger a mess it will become if no one is taking care of the property.

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