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Complex situation of Last Will and Testament in Texas?
Two siblings have just found out their father bought land in another state (CA).
The deed is in their dead father's name, and their mother died just 2 years ago.
Their second father paid the property taxes, but says that it isn't worth much.
There seems to be a water hook-up, and 2/3s of a house sitting on their property.
The owner of the house is eager to purchase, (duh), but this is a legal nightmare.
Where do we even begin?
What are the options?
We do not know which lawyer to ask, Texas or CA? Property or Probationary?
10 Answers
- babyboomer1001Lv 75 years ago
A property in CA is governed by CA laws. Consult with a real estate lawyer in CA. If you intend to sell it, hire a realtor licensed in CA. The reason why I suggested consulting with a lawyer is because it would appear that 1/3 of the house belongs to someone else, which could make a sale difficult or impossible.
Source(s): Certified Paralegal, with 25+ years' experience & with Real Estate law experience. - AJLv 75 years ago
What is a 2nd father? And just because he paid the property taxes is immaterial to the question. And how does only 2/3 of a house sits on the property? there's no way that would ever happened.
But what's the nightmare? The executor of the will can sell the property if it wasn't specifically given to someone. And how can there be a different owner of the house and a different owner of the property? that also doesn't happen.
sounds like you made this up.
- BillLv 75 years ago
The California property is part of your Fathers estate and must be dealt with in probate court by the assigned administrator. Assets must be used to pay off outstanding debts before they can be assigned to heirs. If you are awarded the property, you will be given court documents transferring title, then you can consider selling once it becomes yours.
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- Anonymous5 years ago
You will need a CA attorney to help with this. I would contact one located in the same county as the property. If they do not handle that sort of work, they will be able to give you a referral.
- goz1111Lv 75 years ago
CA has Jurisdiction over the land located within the state and not TX, so you will have to go into CA court submit the Will solely for the purpose of the land located in CA but the TX courts do not have jurisdiction over the land in CA
- 5 years ago
No, an estate does not need to be probated if it is a communal/marriage property.
- realtor.sailorLv 75 years ago
His estate must be probated. The executor will then have authority to sell the property. Probate must be filed in the state where your father lived.
- TowandaLv 75 years ago
I would think you deal with your lawyer who deals with the Ca lawyer. Your lawyer should know what to do.
- Anonymous5 years ago
"Second father"?
