San Marcos, TX asked in Estate Planning, Real Estate Law and Probate for Texas

Q: Mother died intestate. Son was appointed administrator. We want to sell her home. We have a pending offer.

The home was community property with her late husband, but it was also community property with his first, late wife. He was the first wife’s executor and trustee. Title company says we have to find first wife’s heirs but she died 20 years ago and her family is unknown to us. Where do we start? Can we find a way to sell this house without them? The buyer is coming from another state and it will harm them if the sale does not go through. They are selling the house they live in there. What is the fastest way to resolve this?

2 Lawyer Answers
John Cucci Jr.
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Answered

A: I don't think any move you can make regarding your Title issue can be resolved fast. Unless you quickly find all the heirs from the 1st wife, so they can sign-off, sell, or waive their possible rights to the property.

There is a solution, but it would require litigation ( a lawsuit ), and finding a lot of people, and getting service on all possible heirs. That solution would surely take at least 4-6 months, with everyone being diligent and helpful. That usually does not happen when there is an Estate to be distributed.

I hope this helps.

Good Luck!

John Michael Frick
John Michael Frick
Answered
  • Frisco, TX
  • Licensed in Texas

A: If the late husband was in fact the executor of his late wife’s estate, you ought to be able to look in the probate court records where his late wife’s estate was probated to get a copy of her will and determine who is named as an heir to the home. If the home was their community property, they were married at the time of the late wife’s death. So where the home is located is where she most likely lived at the time of her death. That tells you what county’s probate court records you should look in.

You also say the home was the community property of your mother and her late husband. That indicates he must have bought it from other heirs of his late wife sometime after her death and during his marriage to your mother. If he had inherited it from his late wife, it would be his separate property. So there must also be a deed recorded in the county records from those heirs to him.

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