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I was in the understanding that I don't own anything until I sign paperwork to have my name on the deed...
Don't see how naming me on a will to inherit something I don't want makes it mine.
It's state law. But when I inherited part of my mother's house, I don't recall signing anything. She had a will, which was probated. As a result of that, the attorney, as representative of the estate or something, recorded a simple deed stating that so-and-so and so-and-so were now the record owners of the property, having rec'd it via inheritance from (name of Mom). It's possible I signed the warranty deed or whatever it was, but I have no recollection of that.
I don't think when something is willed to a person, it requires an "acceptance" of that thing by the one who inherits it. If he or she doesn't want it, they then get rid of it, or tell the estate executor ahead of time to leave you out of it. I think the inheritor would then have to sign something indicating they refuse the inheritance (so he can't claim later it was stolen from him).
The county appraisal site does record the record owner of properties. However, they update those records only periodically. If the transfer of the property was last year, the site should be updated by now, since the county sends the tax bill to those owners of record. If it was a few months ago, the site may not be updated yet. The appraisal site uses deeds recorded at the county clerk to record the legal owners of properties.
If the will was probsted, it's possible a title search will reveal you as part owner. If the county files suit for tsxes, you can have a judgement placed on you as well as showing a foreclosed property on your records.
Get a copy of the will, and see a real estate atty to protect yourself. The ho u se most likely is worth more than the taxes even after several yrs. At worst, you Gould sell it to an invest or and make a little money, and not gave to worry about the unknown.
Also, is there a chance that notices have been going to brother for deeds, probate, etc and he isn't getting the info to you?
Could you have been supposed to split money in estate, and he didn't tell you? I'd get a copy of the will and see a real estate atty.
You'd better get yourself in gear very soon and start searching the county land records. Talk to everyone in your family and friends of your grandfather and see if anyone has some clues about whether there was a will and what it said. If there was no will, or it can't be located, contact the probate court and request that they start proceedings on the estate. They will determine the next-of-kin and follow a formula about who gets what portion of it. In a case like this, they would likely have the house sold, pay off the taxes and other debts and divide the money appropriately.
If your brother had possession of the will, but didn't like what it said, he might have made it disappear. But if you delay and the county auctions off the house for back taxes, you won't get anything, except for some personal property and any assets that are separate from the house. For all you know, your grandfather may have had a pile of money and might even have hidden it in (or under) the house. Your brother might have been looking for it and have found it. If the court appoints you as the personal representative of the estate, you would be able to go to all the financial institutions in the region and search them for possible accounts your grandfather had.
It's state law. But when I inherited part of my mother's house, I don't recall signing anything. She had a will, which was probated. As a result of that, the attorney, as representative of the estate or something, recorded a simple deed stating that so-and-so and so-and-so were now the record owners of the property, having rec'd it via inheritance from (name of Mom). It's possible I signed the warranty deed or whatever it was, but I have no recollection of that.
I don't think when something is willed to a person, it requires an "acceptance" of that thing by the one who inherits it. If he or she doesn't want it, they then get rid of it, or tell the estate executor ahead of time to leave you out of it. I think the inheritor would then have to sign something indicating they refuse the inheritance (so he can't claim later it was stolen from him).
The county appraisal site does record the record owner of properties. However, they update those records only periodically. If the transfer of the property was last year, the site should be updated by now, since the county sends the tax bill to those owners of record. If it was a few months ago, the site may not be updated yet. The appraisal site uses deeds recorded at the county clerk to record the legal owners of properties.
you have to file a disclaimer to officially free up the asset for the next in line other wise in some states the asset stays in limbo or is held by the state .
an unclaimed bank account with you as beneficiary will get turned over to the state eventually if not claimed .
whether property is willed or not may be irrelevant .
we had a closing stopped once on an inherited house we were selling by the title company . when they read the will it said and to my child beth i leave my house and possesions .
well , it didn't say only child . so the title company stopped the closing until affidavits were signed by relatives that no other children existed . anyone of the others could lay claim if they wanted but that does not make them owners and responsible for a thing until they appear and accept . .
I know all my Grandfather had was the house and maybe a bit in his bank account.
I don't think probate has begun or anything has been done because I checked multiple sites like Property Shark and NETR and the only name associated is my Grandfathers. It has been 4 years since his passing and I have not received anything in the mail regarding his estate.
All I have is the word of my brother that him and I were given the house in the will (which I have not seen).
I am hesitant to contact the County... but I guess it would not be a bad idea. They can't make me do anything.
I know all my Grandfather had was the house and maybe a bit in his bank account.
I don't think probate has begun or anything has been done because I checked multiple sites like Property Shark and NETR and the only name associated is my Grandfathers. It has been 4 years since his passing and I have not received anything in the mail regarding his estate.
All I have is the word of my brother that him and I were given the house in the will (which I have not seen).
I am hesitant to contact the County... but I guess it would not be a bad idea. They can't make me do anything.
When I saw four years it reminded me of something so I looked it up and found this...for Texas...is that where the property is?
The general rule in Texas is that the executor has four years from the date of death of the testator, or person who drafted the will, to file for probate. Generally, if the executor does not file the will within that prescribed time period, the laws of intestacy will govern how the estate’s assets are distributed. In that case, it would be as if the person died with no will and the laws of the state would decide how the assets are distributed to each heir. In practice, a will is usually probated in Texas from between two months to one year of the estate owner’s death.
When I saw four years it reminded me of something so I looked it up and found this...for Texas...is that where the property is?
The general rule in Texas is that the executor has four years from the date of death of the testator, or person who drafted the will, to file for probate. Generally, if the executor does not file the will within that prescribed time period, the laws of intestacy will govern how the estate’s assets are distributed. In that case, it would be as if the person died with no will and the laws of the state would decide how the assets are distributed to each heir. In practice, a will is usually probated in Texas from between two months to one year of the estate owner’s death.
Interesting. Well, it is actually juuust shy of 4 years right now... so I guess I better find some things out asap.
When I saw four years it reminded me of something so I looked it up and found this...for Texas...is that where the property is?
The general rule in Texas is that the executor has four years from the date of death of the testator, or person who drafted the will, to file for probate. Generally, if the executor does not file the will within that prescribed time period, the laws of intestacy will govern how the estate’s assets are distributed. In that case, it would be as if the person died with no will and the laws of the state would decide how the assets are distributed to each heir. In practice, a will is usually probated in Texas from between two months to one year of the estate owner’s death.
I do not know the rules in Texas, but without a will sometimes estates end up going to someone who the person really does not want their estate to go to. For example, maybe your grandfather has an adult child who he hates & he has not spoken to in 50 years. Since a child is closest in line they would probably inherit his entire estate rather than any grandchildren who he may have loved and interacted with every day.
When I saw four years it reminded me of something so I looked it up and found this...for Texas...is that where the property is?
The general rule in Texas is that the executor has four years from the date of death of the testator, or person who drafted the will, to file for probate. Generally, if the executor does not file the will within that prescribed time period, the laws of intestacy will govern how the estate’s assets are distributed. In that case, it would be as if the person died with no will and the laws of the state would decide how the assets are distributed to each heir. In practice, a will is usually probated in Texas from between two months to one year of the estate owner’s death.
Quote:
Originally Posted by bpollen
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I don't think when something is willed to a person, it requires an "acceptance" of that thing by the one who inherits it. If he or she doesn't want it, they then get rid of it, or tell the estate executor ahead of time to leave you out of it. I think the inheritor would then have to sign something indicating they refuse the inheritance (so he can't claim later it was stolen from him).
....
Perhaps then you should read a bit about gifts. A gift is not completed until acceptance. Acceptance does not have to be positive but can be the absence of the negative - or rejection of said gift. Real property (as in real estate) that is gifted, whether by will or inheritance, is generally handled with a non-acceptance filed in the land records of that state (exceptions may be with the state of Louisiana which has a different legal system than the other 49 states - based on French law) or where there is a statute governing said rejection of the gift.
Again, OP, it is in your best interests to contact a real estate or probate lawyer in Texas; preferably someone local to the property's location to save on costs associated with travel for the attorney/paralegal.
With no will, you do not want the city/county to rely upon the laws of intestacy to determine that you are/may be one of the legal owners of that property absent your declination.
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