QUESTION

I received a notice of excess

Asked on Mar 29th, 2023 on Wills and Probate - Texas
More details to this question:
I received a notice of excess from Bell County’s District Clerk (Texas). The property was sold due to back taxes that my father owed before he passed away. My sister and I are Administrators over his estate. I would like to know how claim the funds.
Report Abuse

1 ANSWER

Personal Injury Law Attorney serving Bastrop, TX at The Law Office of James M. Ringel
Update Your Profile
Hello, Thankfully the process to claim excess funds is fairly simple. All you have to do is prove that you and your sister were the rightful owners or heirs to your father's Estate (which it sounds like you've done since you are Administrators of his Estate), and file a Petition with the Court. The Petition should include the legal description of the property (as much as possible), that you and your sisters were the previous owners/heirs of your father's Estate, that all delinquent taxes, interest, etc. were paid (which they almost certainly were since the it was a county sale for delinquent taxes), and how much each of you should get from the excess funds. You should be able to use the template at the following link as a good base, but obviously you will have to change and/or verify that all of it is accurate: https://co.jefferson.tx.us/dclerk/MOTION_TO_RELEASE_EXCESS_PROCEEDS_FORM.pdf. A lawyer can help you determine if everything is correct if you are uncertain, but in many cases it's a straightforward and simple process to get the excess funds released with a 5-10min hearing. Best,James M. RingelAttorney at Law
Answered on Apr 03rd, 2023 at 7:57 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters