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?
State/Country relating to question: Texas
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.
Hello, my name is XXXX XXX I will be the attorney assisting you.
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.
If I can provide you with any additional service, please don't hesitate to ask. You can request me directly or just put "To Bart" at the beginning of your question. A rating of “OK SERVICE” and above will allow me to get credit for my work. Bonus is not mandatory but much appreciated.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).