Austin, TX asked in Estate Planning, Foreclosure, Probate and Tax Law for Texas

Q: Property of deceased mother just went into foreclosure on tax loan i took out. Still in her name,no probate .

Took out with understanding sibs would help pay,but never did so left holding bag. Went to court but no one showed.Plantiff attorney is asking for names and addresses of other siblings. Intial loan the company sought me out and has since changed names 3 times. Also recieved calls saying theybwere being investigated for predatory loans and to give good review if called. At signing i told them we havent probated and i wasnt executor,but theybsaid thats fine so signed right there and had a notary with them. Now im being sued so what are my right? Thank you.

1 Lawyer Answer
Terry Lynn Garrett
Terry Lynn Garrett
  • Estate Planning Lawyer
  • Austin, TX
  • Licensed in Texas

A: You need to take the documents, your account and any Will to a local probate lawyer. If there is no Will, apply for a Determination of Heirship and Letters Testamentary. Foreclosure is supposed to be postponed until six months after the executor or administrator is appointed. This does not necessarily apply to taxing authorities.

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