What to do if my mom died 2 years ago but nothing has been done with her property?

UPDATED: Apr 10, 2013

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Apr 10, 2013Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What to do if my mom died 2 years ago but nothing has been done with her property?

She had 5 children, 1 of whom is a minor residing out of state. I had recently had someone approach me on buying some of her land since I was the last person to pay taxes on it. How to I go about starting a Will or family agreement with my siblings?

Asked on April 10, 2013 under Estate Planning, Texas


Victor Waid / Law Office of Victor Waid

Answered 9 years ago | Contributor

You don't. You obtain the assistance of a probate lawyer where your mom died to file a petition to probate the estate, and to have someone also appointed to represent the minor child as a guardian ad litem to protect that child's interest in the property in the probate. The probate court via the attorney,  will process the estate to put the title of the property into your names,  at which time you can commence selling the property on behalf of the family, via a certified order of the court, dividing the proceeds between all of you after attorney fees and costs have been paid.

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