We have a problem with a drug house in our neighborhood. The original owners both passed away over a year and a half ago. Their daughter moved in and thus the drugs/fights/property decline. The house is still listed in the parents names even though both are deceased. I was told to find out if the house is still in probate, and if so the county might move in and investigate. Is this true and what does it mean?
Optional Information: State/Country relating to question: Texas Already Tried: Delinquent taxes have been recently paid. The police have been unable to find the executor of the will to talk to him about the criminal activity. Nuisance Abatement has a file but not enough felonies to take control of the property.
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ok thanks
When someone passes with property, only with a few exceptions, the property must pass through probate and be distributed by the court either in accordance with a will or state inheritance law.
So it really does not matter whether the property is in probabte or not. The "state" like you are saying would have some special interest in a property if it is in probate. The state has no special interest or authority over the property.
yes - the owner (father) did have a will - the son is the executor of the will but cannot be located by nuisance abatement or neighbors that know the family. He has moved across the country and probably wants little or nothing to do with the property
If you are having problems, call the police for criminal matters.
If you have a civil issue, you can still sue while the adminstrator or owner is out of the state. The property is the matter of the law suit. If you win and no one shows, you cXXX XXen the property.
We have everything we need for a class action lawsuit on behalf of myself and neighbors. We just want to see if there is anther way first. It sounds like we may need to press civil charges.
Well, sounds like you are on top of things with the abatement program. Civil action is probably where you will be able to get financial remedies.
ok thanks!
No problem.
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Experience: Juris Doctor