Does anyone know if an heir is legally required to change title to real estate in TX? (mortgage)

[loves2read]

I searched tax records in Guadalupe County and found an address in both my dad and my stepmother's names--that looks like a current assessment with up to date tax payments...

he died in 2003 and she in 2004...
because he made her his executor in will he made after that marriage and which they concealed from my sister and myself, we never knew if they had his will probated after he died...we got a copy which showed that
basically my sister and I were given nothing but the continuing mortgage on the house/lot my dad and mom built in 1945 and which he sold before he married my step-mother. He moved in with her to different property (which was hers from prior marriage) than the one in the tax record now.
They were flooded out of that house when the Guadalupe had that disastrous flooding several years before--
she sold it and they bought a mobil home and put it on land owned by trust in name of her oldest daughter's adopted child--long story not related to my dad really...

anyway
is it legal NOT to transfer property into the name of an heir once the people on the title have died?
Think this property is getting tax relief because of the ages of my dad and his second wife--who were probably in their 80s when they bought the mobil home...he was 90 when he died in 2003...
maybe also because he was a WWII veteran...

[catriona]

If I understand your situation correctly, you might be on to something. From what I recall, you can't leave the property in the name of the deceased. The executor/executrix has a period of time to settle the estate and get it closed. Perhaps something went wrong with the documents and the estate is still open. Or your stepmother's will was never probated in the first place. Or, the county made a mistake /hasn't received the necessary paperwork to change the names. At any rate, the property probably doesn't deserve the tax break it is getting. Not sure how that would be resolved. Perhaps there is an attorney out there that can chime in on this.

[Bo]

Originally Posted by catriona

Perhaps there is an attorney out there that can chime in on this.

IMO, the OP should pay for an attorney's time and get professional advice on this. Any estate attorney could address the question. There may even be other aspects of the situation that an attorney could recognize as being beneficial to the OP.

[Rakin]

You do need to get the name on the deed changed to the new owner.

Call a title company and see if they can do for you. It should not be that expensive.

[SnappyBob]

Originally Posted by catriona

If I understand your situation correctly, you might be on to something. From what I recall, you can't leave the property in the name of the deceased. The executor/executrix has a period of time to settle the estate and get it closed. Perhaps something went wrong with the documents and the estate is still open. Or your stepmother's will was never probated in the first place. Or, the county made a mistake /hasn't received the necessary paperwork to change the names. At any rate, the property probably doesn't deserve the tax break it is getting. Not sure how that would be resolved. Perhaps there is an attorney out there that can chime in on this.

Someone will have to pay the back taxes on the property if it is sold. If the taxes are not up to date that is one problem but even if they have been paid since the owner has been deseased but with a different exemption that the new owner is not entitled to (over 65, handicapped, whatever) the difference will have to be paid. There may even be penalties. I would get it straightened out asap.

[oldtrader]

I searched tax records in Guadalupe County and found an address in both my dad and my stepmother's names--that looks like a current assessment with up to date tax payments...

because he made her his executor in will he made after that marriage and which they concealed from my sister and myself, we never knew if they had his will probated after he died...we got a copy which showed that
basically my sister and I were given nothing but the continuing mortgage on the house/lot my dad and mom built in 1945 and which he sold before he married my step-mother.

Lets look at the known facts.

1: You and your sister in your fathers will, were only to receive the continuing owner carried mortgage from the property that your father sold. In other words, if you got those mortgage payments, that is all you were to receive as per your fathers will.

2: There is a property that was not mentioned in your fathers will. His wife would have owned it after his death under right of survivorship, so it would go to who ever she left it to and it was not to you and your sister.

3: Someone has paid the taxes on that property for over 10 years, so apparently it is assumed by person paying the taxes to be the owner(s) of the property. If the deed to the property giving them the rights to the property has not been recorded there is in all probability this is an error that can be corrected. As someone has paid the taxes for over 10 years, it would be considered they believe they are the owners to the property.

4: As someone has had possession of the property for over 10 years, and has paid the taxes as due, there is the law of adverse possession that can give them claim to the property and ownership.

5: There is no indication that you and your sister have no claim to that property, as your father died first and then your stepmother who would have the right to leave it to anyone she chose.

[need4speed2012]

Yes it must be transferred.

To ensure a legal change to the property title, you'll want the services of a real estate attorney.

[Labamigo]

Go see a lawyer.

[steve807]

You can do whatever you want or not as long as no one complains. Nothing illegal.
But a future 3rd party or taxing authority claim or your desire to sell (with a title policy) will be a problem.

[Seguinite]

I'll second (or third or fourth) the call for a lawyer... because the appraisal district will make a mess of the whole thing. Particularly and especially in Guadalupe county.