My mother died 5 yrs ago and left my brother and I her home. It is worth next to nothing and we want to sell it. We have the muniment of title but the house is still listed on tax records under her name. CAn we sell it with the muniment of title document? Also, she had an over 65 tax exemption. Will we have to pay back taxes if we sell? The house has lost value over the 5 yrs.
I am not a TX lawyer, but I can tell you that an executor or administrator are the only parties that can sell an asset of a decedent's estate. So you need to go to probate the will and have the executor given the power to act for the estate. You need to obtain an estates lawyer to help you here and at that point your other questions will be answered accordingly.
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I too am not a lawyer admitted to practice in Texas. Here in New York, however, a specific property tax exemption expires in the same year as the owner's death, so the new owner would be responsible to repay all of the tax credits they received in error. It is possible that Texas is a more forgiving place, however. You should look at your county website to find more information, if you don't want to take it up with your local collector.
If your mother left a Will, you can file that Will as a Muniment of Title with the county clerk which will allow you to transfer title. If you mother did not leave a Will, you can file Affidavits of Heirship with the county clerk to accomplish the same thing. There are other options as well. In any case, you will probably be responsible for the tax amount which you didn't pay the past five years as a result of the exemption; however, I believe most tax districts will work with you to do that over time. I suggest you talk with a probate attorney to discuss your options. Probate in Texas is fast, easy and inexpensive.
You mention that you "have muniment of title" so I am presuming that you filed your mother's will for probate as a muniment of title. The order approving the will as a muniment of title and the will itself serves as a link in the chain of title, conveying your mother's interest in the house to the beneficiaries under her will. Depending on the county, you may have to record a certified copy of both the order and the will in the county clerk's real property records.
You have to separately change the name of the owner of the property with the appraisal district to properly show current title. The probate procedure does not take care of that.
You should be able to sell the house if what I have stated above has been done. The title company should discover the change of title in its search.
Yes, the beneficiaries will have to pay whatever back taxes are due should you sell the property - if the county does not foreclose upon it prior to you selling it.
I will be happy to discuss this matter furhter with you.
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