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

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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

Answers:

Victor Waid / Law Office of Victor Waid

Answered 8 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.


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