how can obtain rights to my deceased brother’s house

i have a been paying the mortgage and taxes on a house that
belonged to my deceased brother for 11 years. he has been
deceased since 2005. .his common law wife had died the previous
year in 2004.They had had one daughter who was 15 when they
passed. i’m now trying to obtain rights to the property. His
daughter is grown now and has expressed that she under any
circumstances does not want the house.The house still has a
mortgage on it how can i obtain ownership so that i can claim
it, and/or get the home insurance lowered?

Asked on April 7, 2016 under Estate Planning, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You need to file a probate action and assert your claims for the house or against the estate for the funds you have invested into the home.  From there, the court can officially determine in whose name the title should be.  If the probate court does not award you he house, then they can approve the distribution of funds to reimburse you for the debt your brother incurred by your payment of his bills.


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