Q: Father died/2007. No will. Owns vacant land in TX. Does it pass to his wife who died in 2012 who Left land to daughter?
My Father passed away in 2007 in the state of CO with no will. He and my mom own vacant land worth around $60K in Texas. There are 4 lots all together. One deed for two lots is only in my dad's name. The second deed for the other two lots is in both of their names. Did the land pass on to my mom when my dad died? My mom passed away in 2012 in the state of CO. In 2011, my mom hand wrote a will leaving the land to me. My parents had two children, myself and my brother who passed away in 2016. What do I need to do so that I can sell the land in Texas? The holographic will states that my mom leaves the land to me. It is hand written, dated and signed by her. Thank you for your help with this issue.
A: Title (deed) can only be transferred to parties not currently on the deed (assuming a joint tendency was selected) via probate. Due to the significant gaps of time from death, special rules will need to apply to open a probate case. You will need to hire a probate attorney for assistance because the gap is time prevents an easy probate filing. With assistance you should be able to get full ownership of the land. Until the probate matters are settled you do not have title/ownership to the land, so you cannot sell.
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