Are the heirs responsible for paying taxes and upkeep on an estate property?
4 attorney answers
Where is your lawyer? You need one.
The will should probably be probated as a muni meant if title though it is too late for an administration.
Yes, pay the taxes. It will be foreclosed upon and sold if no one does.
This answer DOES NOT establish an attorney-client relationship. This answer is based on the limited information provided and is not intended to be conclusive advice. There are likely other factors that might influence or change the advice after a more lengthy consultation.
You did not state where the property was located, so I will assume it is in Texas. The Statute of Limitations (SOL) for filing an application for probate of a Will in Texas is 4 years from the date of death. However, if you can give the Judge an explanation why you did not file such an application within the four year SOL, you may still probate the Will as a Muniment of Title Only. This has the effect of transferring the title to any real property owned by the decedent according to the Will's provisions, but nothing more. If the will left the house to her (without any other contingencies), you and your siblings get nothing from that house. Likewise, if there is any rental income from that house, it belongs 100% to your step-mother. Also, your step-mother becomes 100% liable for all the taxes due on the home. Because the Judge denied the application for probate, there are many questions I have about the entire proceeding. Talk to an experienced probate and estates attorney to answer all of your questions and advise you on what remedies, if any, you have. Good Luck!
I agree with Ms Santaella so it will be good to have the estate take care of anything necessary as quickly as possible so the estate can close.
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Generally until the property is probated and title transferred to your names, your Dad's estate is still responsible. The laws in Texas may differ so you should consult with a local probate attorney.
AVVO and the Texas Bar Association can provide attorney referrals.