My grandmother died with no will. No family member wants the land but me. What do I need to do? I am paying the back and present taxes on the land.
I don’t practice in Texas, but this is what I would do in Arizona. First of all, I would contact a title company to make certain that title to the property is free and clear. If not, your receipt of the property may not be worth having. Then, I would get the whole family together and get everyone to agree that if you paid for probate, you could receive the real estate as a creditor of the estate. Your consideration would be the back and present taxes you have been paying.
If the family doesn’t agree, the costs of litigation might be very expensive.
Once the family agrees, (and I mean everyone) I would recommend that you contact an attorney in your county to draw up the paperwork. Have everyone agree to the plan, in writing, before you open probate. Then, the attorney can help you with the probate administration. You would receive the property via personal representative deed. I would also recommend that you work through a title company so that your title would be protected.
This answer does not constitute legal advice and does not and is not intended to create an attorney-client relationship. The law may vary depending on the state in which you reside. It is intended only to give some direction in which to seek assistance.
Circular 230 Disclosure: Pursuant to recently-enacted U.S. Treasury Department Regulations, I am now required to advise you that, unless otherwise expressly indicated, any federal tax advice contained in this communication, including attachments and enclosures, is not intended or written to be used, and may not be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matters addressed herein.
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