How to sell inherited homstead property?
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How to sell inherited homstead property?
My brothers, sister, and I inherited (or at least have been paying taxes) on homestead property that originally belonged to my grandparents. After they passed away my father paid the taxes (about 30 years) and now he’s deceased. We’ve been paying the taxes for about 10 to 15 years. No one else in the family will do anything to keep the property up (cousins and my father’s 2 siblings who are still living). Can we sell the property? If so, what do we (my siblings and I) need to do to get it sold? We already have someone who’s interested in buying the land.
Asked on November 29, 2010 under Real Estate Law, Texas
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
This is one of those family matters that goes unresolved for years until the scent of money starts to fill the air. No one wanted to deal with paying out on the property but they will want to deal when there is a buyer in the wings. The property is not all yours. It passed to your Father and his subkings and then his share passed to you upon your Father's death. The other portion is "owned" by your Aunts and Uncles. You will not be able to sell the property unless and until the matter goes through Probate (I am assuming that it is still in your Grandparents names). So this is what I would do: gather all the tax record for the last 30 years and the proof of payments made. Then go and seek help frm an attorney ask discuss with him or her the process you will need to begin to get the property through the probate court and in to the present time that it can be transferred. Also ask about writing a letter and using the paid taxes as a lien on the property (you may even want to discuss filing one). Good luck.
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