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My dad died wothout a will, small estate left behind. How do we claim it?

Houston, TX |

My Dad died in December 2008 and left behind only a small peice of property worth about $10,000. He was divorced and there is only my brother and I and we are in agreement on what should be done with the property so there is no issue there. I have been paying the taxes on this property for 4 years and now i just want to get it into my name so I can sell it.
Also, my Dad had some debt when he died and no money was left to pay those debts off. Will they take the land? Could there be judgements? What should I do to get this moving?
Land in Montgomery County. Died in Harris County.
Thank you.

Attorney Answers 2


You need to do an heirship proceeding to clear the title to the property so that you can sell it. It is possible that there are judgments, in which case the judgment creditors may have liens against the property. I can give you a referral for people who can help if you're interested.

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You can check the property records in Montgomery County to see whether there are any judgment liens. As far as the debts of your father, it depends on the type of debt, how old they are and some other factors.

I'm happy to talk to you about this - I'm in The Woodlands.

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