What to do if my dad passed away 7 years ago and my family and I live in the house and are now dealing with a back taxes lawsuit?

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What to do if my dad passed away 7 years ago and my family and I live in the house and are now dealing with a back taxes lawsuit?

The Will was never probated. We intend on paying the taxes but need to know what I need to do about the Will and getting the house into my name.

Asked on July 11, 2013 under Estate Planning, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I am so sorry for your loss.  The taxes need to be paid asap.  They are technically the responsibility of the estate but if you have been left the house or are the only heir then it will in reality be the same pocket.  In brief, the Will needs to be presented for probate in the probate court in the county in which your Father resided at the time of his death.  The proposed executor will give notice to all the potential heirs and then marshal the assets and deal with the debt.  The property is transferred via an executor's deed.  Good luck.


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