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Folks - if you have older family members that are refusing to update their wills when someone dies before them, please talk to the again.

 

My great aunt (cousin?) - our lived my grandfather and his brother. She left everything to them, but was at least willing to make my mom her executor. My mom was able to get the all monies divided up properly.

 

The issue we have run into is property in North East Texas. She had some acreage that is probably worth $60,000. My mom has been paying the taxes on the land since my great aunt died. My mom has since passed away, so my step dad technically owns her share. I’m going to pay the taxes for this year. It’s $60, so no big deal.

 

Would it be worth it to hire a lawyer to unravel the mess, get all heirs to agree to sell (there are a lot on my Grandfathers’s brothers side) and then sell the land? If lawyers cost $30,000 my step dad would walk with $7500 (has to share with my uncle). Anybody else dealt with something like this?

 

Tdlr: want to sell land that has 40 heirs in N. Texas - worth the hassle??

 

 

Probably a probate/estate attorney that you need rather than real estate.  Title to the land may be virtually unmarketable even though you are able to legally/legitimately sell it. 

If a probate was commenced during which your mom was appointed executor that may be a more favorable situation for clearing title than none at all. 

And this sounds more like failure to probate properly than update will, although that is an issue as well. 

Shut the fuck up, pay the taxes, and claim adverse possession when the time is right.

Also, I don't think you are looking at 30k in attorneys fees. Probably more like 5-10, especially if family is willing to do the dirty work of corresponding with and cajoling heirs into signing documents. 

22 hours ago, Goofyboy said:

My mom has since passed away, so my step dad technically owns her share.

Need more color on the word "technically". Did your mom specifically leave it to him in her will? She had a will, right?

Bernard

  • Author

Part of my grandfathers estate went into a Trust that my mom ran and my sister and I inherited. I know there was some other money given to my uncle (still living).

So, when great aunt died after grand father, not sure where my moms 1/4 of the property ended up. If it became part of the trust, it’s mine. If it was not, then it goes to my step-dad per my moms will.

My step dad doesn’t want to mess with it and has basically said my sister and I can split anything we get from it, so it really doesn’t matter too much.

Let me get this straight:
1. Great aunt died with a will that named your mom as executor;
2. You mom, as executor, distributed all the cash/securities/etc., but ignored (or otherwise failed to distribute) the great aunt's land;
3. Now your mom is dead, but you're not sure how your mom's estate (which included the land)  was distributed.
Right?

Who is/was the executor of your mom's will? That might be a good place to start.
Next I'd go find a copy of your great aunt's will and find out exactly who she left the land to.
Find a local title insurance company or abstract company to tell you who they think owns the land.

Figure our who owns the land. Call them and see if they want to sell. I don't see the need for a lawyer.

Bernard

  • Author

Awesome. I’ll try this. My mom had started working on getting the land sold. She hit some road blocks on the other side of the family, but I’m not sure what they were. Then she died last year. I appreciate the help.

From what I am gathering here, your mother was self-appointed executor she did not file a probate? 

This is exactly why you need a probate. You cannot keep title to real estate straight without probate or other estate planning devices. It will wind up costing as much as the probate or more to fix it later on or im diminished value of property with FUBAR title. 

Not to pile on, but this "strategy" is penny wise and pound foolish. Paper and timber companies all over the south and elsewhere are acquiring valuable land for pennies on the dollar because people were too ignorant to properly paper death events. 

The title company is a good suggestion. But they most likely will advise you as to how fuct up and uninsurable the title is but probably won't be able to help you fix it. 

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