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Maverick
Maverick, Attorney
Category: Estate Law
Satisfied Customers: 5767
Experience:  20 yrs of professional experience.
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My grandparents are both deceased. My mother never probated

Customer Question

My grandparents are both deceased. My mother never probated estate. Grandparents home is going to be auctioned off on 6/6 for unpaid taxes. How can I buy it before the auction for the amount of taxes owing? My mother is currently residing in the home. Not my concern though. Since she is neither the home owner, nor is the home homesteaded, will she be able to come back and redeem?
Submitted: 6 months ago.
Category: Estate Law
Expert:  Maverick replied 6 months ago.
Welcome to Just Answer (“JA”)! My name is Maverick. Please note that: (A) The information we provide is general information. No attorney-client relationship or privilege is formed by communicating with me. If you want legal advice, you must consult with a local attorney in person before acting or deciding not to act based on any information given here; (B) Experts answer questions based on the honor system. When I feel that I have provided you with a complete answer, I will ask for you to assign a feedback rating so that JA will compensate me for my time; and (C) You should not be concerned about any short delays between your questions and my replies. Please know that I answer most questions within the hour if I am signed on. If I am not signed on, then I still make every attempt to respond within 24 hours. Thank you for taking the time to understand how this site works. By continuing, you confirm that you understand and agree to these terms. Answer will follow in the pane below as per above parameters…. 1. Whose names are ***** ***** title?
Customer: replied 6 months ago.
My grandmother probated my grandfather's estate when he passed away. Only my grandmother's name is ***** ***** title.
Expert:  Maverick replied 6 months ago.
Did grandmother have a Will?When did grandmother pass away?
Customer: replied 6 months ago.
She did have a will but my mother wasn't able to probate it because it was invalid. My mother wrote it while my grandmother was sick and dying. She passed away, I believe... in 2012.
Expert:  Maverick replied 6 months ago.
How can I buy it before the auction for the amount of taxes owing? Texas does not have a tax lien certificate sale. Rather, in Texas the counties hold a tax foreclosure sales on the first Tuesday of every month at the county courthouse. Times vary and you should contact the County Clerk’s office to find out the time. When attending the tax lien sale bring cash or a cashier’s check and then bid on tax lien property. If you present a winning bid, then you will pay the county, and the county will then issue a Sheriff’s Deed for the property purchased. Delinquent tax property deeds are sold to the highest bidder. According to Texas Tax Code, “the sale is to the highest bidder that is willing to tender an amount that is less than the lesser of the market value of the property as specified in the warrant or the total amount of taxes, penalties, interest, costs, and other claims for which the warrant was issued”. (Sec. 34.01, Sec. 34.02). The cost requirements are described as part of the minimum bid requirement includes the costs of the sale, including advertising costs, and any related court costs. The statutes specified no other costs. 2. will she be able to come back and redeem? If over 4 years have passed since grandma passed, then your mother will have a hard time opening a probate proceeding to claim her interest through intestate succession. Further, Texas offers tax deeds with a 6 month right of redemption on non-homestead & non-agricultural real estate and 2 years for homestead and agricultural real estate. However, after a property is sold at a tax deed sale, the owner still gets a 6-month redemption period to buy back the property before you can obtain clear title. If the original property owner or your mom comes up with the money before the time is up then you would not get the property. However, you would receive all investment back plus 25%; so its not a bad gamble on your part.
Customer: replied 6 months ago.
But is there any way for me to purchase the home before it goes to auction? It's scheduled to be auctioned in June.Just to clarify, would my mother be able to redeem? She isn't the owner. My grandmother is still listed as the owner.
Expert:  Maverick replied 6 months ago.
1. But is there any way for me to purchase the home before it goes to auction? It's scheduled to be auctioned in June. You would have to pay off the taxes knowing full and well that the property still needs to be probated to get the title out of grandma's name and put into the names of the heirs according to Texas intestate succession laws; which in this case your mother and her siblings inherit title to the home jointly. So, you would be paying off taxes on behalf of those heirs. 2. Just to clarify, would my mother be able to redeem? She isn't the owner. My grandmother is still listed as the owner. If mom or her siblings files for probate in a timely manner, she and her siblings would inherit title jointly and become new owners.

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