Marble Falls, TX asked in Real Estate Law, Tax Law and Probate for Texas

Q: Sisters inherit 3 lots from parents. One wants to sell, the other doesn't. What happens if half of taxes not paid?

If one dies, does remaining half of lots go to the other or to the decease's heirs?

1 Lawyer Answer
Tammy L. Wincott
Tammy L. Wincott
Answered
  • Probate Lawyer
  • San Antonio, TX
  • Licensed in Texas

A: For an inheritance to be valid it must be recognized by the Probate Court with jurisdiction over the estate, I cannot tell from your question whether this has actually been probated and there is an Executor in charge. Just because someone dies with or without a will it does not automatically pass (that happens in trust estates - equally complex area) to the heirs of that person or to the ones named as beneficiaries. Let's say there is an administrator/executor - then that person has a "fiduciary" (think of it as extremely high responsibility) to administer the estate correctly. All debts must be paid on an estate before the remainder may be dispersed and this includes debt to the State if anyone had medicare or Medicaid assistance, as well as other debts and expenses. If an Executor or Administrator is not upholding their pledge to manage the estate in this way then you may ask the court to remove that person and appoint another.

Always, keep records of what debts there are and how they were paid. If the three lots were left jointly then you may want to separate them by use of official deeds, etc. and then each person would be responsible for his or her own taxes. If they are jointly owned then someone better step forward and pay the taxes before the County or another swoops in and takes the property away at which point all that is left is a lot of anger and resentment.

If there has been no legal action to date I suggest you consult with an attorney in private where you may discuss the actual facts of your case. Knowledge is power and the more you know about how the process works the more able you will be to see your parents' inheritance is distributed honestly and fairly. Best wishes to you and your family.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.