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Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 37049
Experience:  Texas Attorney for 30 years dealing in real estate
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My parents bought land in Polk County in Lake Livingston Village

Customer Question

My parents bought land in Polk County in Lake Livingston Village Texas over 20 yrs ago. My fathers will was probated but my mother died last and was not probated. The property is in both names & heirs. My sister & I have never paid taxes & now received letter from Village that the dues we owe are $4757.01 past due & threatening with a law suit. We have never been there in 20 yrs and not used their facilities. Tax records show worth to be $4000.00. All lots larger than this one is listed only as worth $500.00 or less. I only have 30 days to do something. Where do I start?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ray replied 1 year ago.
Hi and welcome to JA. I am Ray and will be the expert helping you today.
Are you wanting to just deed it back.If so you can contact the Village or their lawyer and ask about a deed in lieu, they take the property and do not pursue it any further.
If you want to keep the property here and pay the taxes then you would have to probate your mothers will as muniment of title.This would then reflect that you and your sister are sole heirs of mothers estate.The order admitting it as muniment of title would serve as the title document to give you clear title.
You have to decide if it is worth the filing fees and local lawyer to obtain title here or not.The Village here will just foreclose otherwise.
Probating the will here might cost $1k -$1,500 with filing fees.You can have local lawyer file or title company.
You may decide here it is not economically worth it here to file the will and just deed it back.The Village would prepare the deed for you and sister to sign if they agree to take it back.
These are your options.I appreciate the chance to help you today.Please let me know if you have more follow up.Thanks again.
Expert:  Ray replied 1 year ago.
Here is information about muniment of title.
It is used where there was a will that was not probated and title is needed to be transferred.The will is admitted and the order reflects that you and your sister are the legal heirs and have title.It is a simplified probate.
http://www.fordbergner.com/legal-practice-areas/texas-probate/types-of-probate/muniment-of-title
Thanks again for the chance to help today.
Lawyers in Livingston with ratings if you want to file for probate and take title.
http://www.avvo.com/probate-lawyer/tx/livingston.html
If you can leave a positive rating it is always much appreciated.
Good luck to you here with all of this.
Expert:  Ray replied 1 year ago.
I think that you may decide to let this go there appear to be many many lots for sale for say $1k so it may not be worth it to file probate here to take title.You may contact them and see if you can just deed it back.
Listings for lots in the area..
http://www.lakelivingstonvillagepoa.com/lots4sale_list.asp
I am familiar with this area.The lots are not worth that much.Honestly not sure it is worth probate fees.
Thanks.

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