Ownership of extate

[Donald Ray Koenig]

Jurisdiction

Texas

A family owns a home. They have one child, a son. The mother dies and the father does not probate the will. 5 years later the father dies and gives the house to the grandson. The grandson lives in the house but also does not probate the will. Now after 5 years the grandson has not paid the city, school and county taxes on the house. The county is going to take the house and sell it sometime later in the year. What can the son do to get ownership of the house and pay off the tax lien? I thought that since the wills were never probated the son was then the owner.

 

[Zigner]

A family owns a home. They have one child, a son. The mother dies and the father does not probate the will. 5 years later the father dies and gives the house to the grandson. The grandson lives in the house but also does not probate the will. Now after 5 years the grandson has not paid the city, school and county taxes on the house. The county is going to take the house and sell it sometime later in the year. What can the son do to get ownership of the house and pay off the tax lien? I thought that since the wills were never probated the son was then the owner.

It's likely that mom's ownership in the house passed as a function of the title. Assuming that "gives the house to the grandson" means that the will designated the house to go to the grandson, then the grandson will own the house once the will is probated (except, of course, for any action due to the tax lien). In any case, son does NOT get ownership.

 

[welkin]

If the taxing authority takes the house in a tax foreclosure, the lien does not survive. You can bid at the foreclosure auction to buy the house.

Search for your county tax sale website. Read how to register as an interested bidder.

 

[adjusterjack]

I thought that since the wills were never probated the son was then the owner.

Are you the son?

If not, then who are you in this picture?

 

[flyingron]

The grandson should get to an attorney immediately. The attorney will take action (likely paying the taxes) to stop the tax sale. He will then look at what the chain of title really is to determine the actual ownership. He'll determine what sort of action (estate probate or otherwise) is required to assure the grandson clear ownership.

It's not clear what the generations are here. When you say the "father" died, is that the grandfather (the original co-owner of the house) or the sole child of those owners? Was there a mother in that middle generation? Are there other siblings of the grandson.
What do you mean "died and gave?" You can't give anything after you're dead.

 

[Tax Counsel]

I thought that since the wills were never probated the son was then the owner.

Generally the decedent's son would get the property under the facts as I understand them, unless you left something out. But what has the son done about it until now? Has he looked to see what the real estate records say? When probate was going on, did he not object to the transfer? There are time limits to make probate challenges and if he was aware of what was going on and failed to object with the court is it possible he is now time barred from challenging it now. He needs to get an attorney ASAP to review the probate and title records to see if there is anything the he can do now to change the ownership. Bear in mind that there are other ways to transfer real estate after death, like a trust or, in some states, a beneficiary deed. So it may well be that the will wasn't needed for the grandson to get the property. That's one of the things the lawyer will help the son figure out.

He can, of course, bid at the sale and if the highest bidder get the property that way. In one way or another, though, the taxes and other liens on the property need to get paid if the son wants to get the house.

 

[welkin]

In one way or another, though, the taxes and other liens on the property need to get paid if the son wants to get the house.

The tax liens and any other junior liens are extinguished if the property is sold through a tax foreclosure in Texas. The taxes are paid from the proceeds of the sale. The parties that hold any other liens that were assigned prior to the tax lien must be named in the foreclosure.

 

[Zigner]

I am going to assume that the house was titled to mom and dad with a right of survivorship. Based on that assumption, once mom died, dad owned the house, no probate needed. Now, dad has a will that gifts the house to grandson. That will would need to be submitted in to probate. Son has no part in this, as the will exists. I am surprised that folks here are suggesting otherwise, as doing so is suggesting that some sort of fraud be perpetrated.

Again, I am making two assumptions. First, the right of survivorship and, second, that dad had a will when he passed.

 

[Tax Counsel]

The tax liens and any other junior liens are extinguished if the property is sold through a tax foreclosure in Texas. The taxes are paid from the proceeds of the sale. The parties that hold any other liens that were assigned prior to the tax lien must be named in the foreclosure.

Right. But typically all the lien holders would be paid if there was sufficient equity in the property to pay them all before the former owner got any proceeds, assuming all got proper notice.

 

[zddoodah]

A family owns a home.

What exactly does this mean? Individuals and business entities can own property, but a "family" cannot. Based on the next sentence of your post, I'm going to guess that the property in question is owned by a man and a woman, as husband and wife (or, since this is Texas, they probably own it as community property).

5 years later the father dies and gives the house to the grandson.

Five years later than what? How did he give the property to someone else after he died? Are you saying that his will gave the property to the grandson? Since you said the estate was never probated, I assume title did not actually get transferred. Correct? Note that this should not be able to happen since the property likely was community property.

What can the son do to get ownership of the house and pay off the tax lien?

If a public entity conducts a tax sale, the son is as free as any other member of the public to bid at the tax sale. By the way, where's the deceased father's wife in all this?

I thought that since the wills were never probated the son was then the owner.

Why on Earth would you think that? Also, "wills" (plural)?