How to sell inherited homstead property?

Get Legal Help Today

secured lock Secured with SHA-256 Encryption

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 11 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. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption