QUESTION
What happens when executor stays in the home, doesn’t pay taxes or execute/probate will, and house goes into foreclosure before will goes into provate
Asked on Feb 18th, 2020 on Wills and Probate - Texas
More details to this question:
Executor stays in a house that is fully paid, but backtaxed. Over a year and a half of living there, has not presented the will to anyone or started probate, taxes continue to pile at a faster rate and now we are told it is going into foreclosure.
1 ANSWER
2 Awards
Wills which have been submitted for probate can be viewed by anyone. Contact the county clerk. Some probate courts have the Wills available online.
In Texas 15 months after an executor has been appointed, any beneficiary can request an accounting. If the executor does not produce it within 60 days, the beneficiary can complain to the court.
If a Will has been admitted to probate, probate has begun.
If no Will has been presented to the Court, any heir can hire a local probate attorney to file an Application for Determination of Heirship and Issuance of Letters of Administration and probate the estate.
The tax authorities have the right to sell the property for back taxes whether or not a Will has been presented for probate. Perhaps there was not enough in the estate to pay the property taxes.
Answered on Feb 19th, 2020 at 5:22 AM
This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.