Death of propert owners

Started by ToniL • 12 replies • 3315 views

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ToniL (Texas)
Posts: 5

Posted:

My parent sre both deceased, when my Dad died everything went to MOm and now that mom died back in 1993. There was no will. They owned some undeveloped propety in Waller County in Texas , Subdivision is called Rolling Hills, sometime down the line they started a HOA, my husband and I have paid the taxes, (all up to date) on this Acres 0.33 so its not even an acre. We are told now the HOA fees are more then property is worth, we don't have any voting right they propert is still in my parents name and now we are getting rid of it, do we owe these back fees, there are only a hand full of houses and several run down trailers, the roads are not paved only a few they have pool which we would never use any way we are in our 60's and live in Houston, in other words this so called sub divison is a dump. What can I do

TimB4 (Tennessee)
Posts: 21,059

Posted:

Toni,

Sorry to hear about your parents.

You didn't say if the estate was settled.

If the estate has not yet been settled, then the estate still owns the property and would be responsible for paying any and all past HOA fees. Whomever the executor is should contact the HOA and make arrangements to pay the fees. If there is not enough money in the estate to cover all the debts, then the estate would probably need to declare bankruptcy (although a formal bankruptcy might not be needed as it might just be handled in probate). Check with an attorney knowledgeable about probate for the best advise.

If the estate has been settled, and the land transferred to you or someone else, then the new owner would be responsible for the fees from the time the property was transferred to you till you sell the property. However, if there were past fees due prior to the transfer that was not paid, there might be complications that I am not qualified to offer advise on.

Has the estate been settled?

As far as voting rights go, the owner of the property would have the rights. If the estate owns the property, then the executor would have the rights. If the property was given to you by the estate, the names on the deed should have been changed (something the executor should have done prior to transferring the property).

HOWEVER, Associations typically tie voting rights to being a member in good standing. This usually means that all assessments need to be current. Therefore, no matter who is the legal owner of the property, I suspect the HOA will not allow anyone representing the lot vote until the assessments are brought up to date.

Tim

ToniL (Texas)
Posts: 5

Posted:

No there was no estate, my mom was in a nursing home when she pasted and this is the only thing they owned everything else was already gone. The land is in my dads name
There is nothing to vote on a far as I'm concerned,this place is a dump I think at one time they might have thought it would become a nice place but never got off the ground, the lady that says she is the president of the HOA, I can't even find any property in her name in tax records for that county, my parents bought this when I was 15 or 16 and there was nothing up there then and basically there isn't now a few house and a lot of run down trailers. They do have a park and small pool, but its nothing I would drive to Waller to use at the age of 64.
----- Original Message -----

GlenL (Ohio)
Posts: 5,491

Posted:

Toni, you really should check with an attorney but it may be as simple as stop paying the property taxes and either the HOA or the County will foreclose on it or you may be able to deed it over to the HOA. But do not take the anonymous postings on an internet forum as legal advice, spend the money and talk with an attorney to make sure this Albatross isn't around your neck.

Studies show that 5 out of 4 people have problems with fractions

TimB4 (Tennessee)
Posts: 21,059

Posted:

Toni,

There was, or would have been, an estate. An estate consists of everything that belonged to (property, insurance, personal belongings, bank accounts, etc.) or the responsibility of (debts) the deceased. The executor/administrator of the estate would have been appointed in the will or through the probate court to legally handle the affairs of the estate (paying bills, filing tax returns, disbursing of property, etc.).

Your fathers estate should have passed the land to your mother. Your mothers estate should have sold the land (if needed) to pay any and all bills. If there wasn't enough money to pay the bills then the estate would have needed to been declared insolvent by a probate court and the court would decide what debtor got paid and how much with what little assets the estate has.

With property being involved and the fact that there was no will, I would have expected that the estate should have gone through probate. As Glen said, you might need to consult with an attorney at this point.

Tim

SusanW1 (Michigan)
Posts: 5,202

Posted:

My condolences . . .

You sound like you don't want this property.

So do nothing, since your name is not on the deed.

The HOA will go to court and get it back.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Susan,

I suspect that that would be an option. However, if there is documentation that the property was transferred to someone but the deed was just never changed (the OP did state that the deed was in her Dad's name but the property went to her mother) the current owner of the property could still be on the hook for taxes, hoa fees, etc. that the selling or foreclosure of the property doesn't cover.

I believe that if the estate never went to probate court that there is a potential legal mine field that will require a local probate attorney to clear.

Tim

ToniL (Texas)
Posts: 5

Posted:

no don't want it this HOA was not there when the property was bought there was nothing but land, which is mostly what it is today,we have someone that wants to buy it

ToniL (Texas)
Posts: 5

Posted:

My mother was living in a nursing home there was no estate no executor, no belongings, there were no bills and no anything we put her to rest end, she didn't own anything her house had been sold and that was the end of what she owed,no bills or anything else. Quess I will call court house on MOnday

TimB4 (Tennessee)
Posts: 21,059

Posted:

Toni,

Was the property given to you before or after your mothers death?

If it was after, the estate owns the property and needs to be settled.

If it was before, then you own the property and would be responsible for any taxes, fees, etc.

When I was executor for my mothers estate (which wasn't much except her home), The AZ courts would not allow an individual to file probate paperwork (I don't know if this is the same for TX). The court suggested that I used a certified document preparer to file the legal paperwork (who was basically a paralegal). It was far far less expensive then a lawyer and things moved along well. They couldn't and wouldn't offer any legal advise, but they knew the steps that were required to be followed and told you about them.

If interested, I can also recommend the book The Executors Guide. It went through the process based on each State in plain simple language. It's published by nolo press.

Again, my condolences and I hope this helps.

Tim

ToniL (Texas)
Posts: 5

Posted:

the property was never given to anyone when my mom was sick I payed her bills and then after she passed because my address was on teh taxes we just keep paying them all of the taxes are up todate its just this stupid HOA, I could see it if this was a decent place to live ther are maybe 10 homes (brick) and several trashout trailers,, I live in a sub division and I see my HOA fees at work not this dumpy place

TimB4 (Tennessee)
Posts: 21,059

Posted:

Good.

Then it sounds like the estate just needs to go through the probate process and that you, personally, are not responsible for the HOA fees, or property taxes for that matter. The estate would be.

There may be issues due to the length of time between your mothers death and the probate process. Therefore, it might be worth spending a couple hundred dollars for a consultation with an attorney to explain what those issues might be.

Tim

SusanW1 (Michigan)
Posts: 5,202

Posted:

You need a deed, and it must be in your name - if you want to sell it to someone.

So, yes, you will have to go to probate if it is still in the deceased names.

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