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Texas - no will - delinquent prop taxes

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mickib

Junior Member
What is the name of your state (only U.S. law)? Texas

Since my father had accidental death insurance on his mobile home, car, and motorcycle (he was killed on it), on 3 separate policies, I realize that the assets will be paid for with money left over from the auto's to help cover his debts. Since one of his largest debts is property taxes owed on his land, and there won't be enough money left to pay them in full, will we be required to sell the home and or vehicles to pay off the land?

I had planned to keep the car - as my father wished, and my brother wants to keep the motorcycle...

Than ks in advance.
 


penelope10

Senior Member
What is the name of your state (only U.S. law)? Texas

Since my father had accidental death insurance on his mobile home, car, and motorcycle (he was killed on it), on 3 separate policies, I realize that the assets will be paid for with money left over from the auto's to help cover his debts. Since one of his largest debts is property taxes owed on his land, and there won't be enough money left to pay them in full, will we be required to sell the home and or vehicles to pay off the land?

I had planned to keep the car - as my father wished, and my brother wants to keep the motorcycle...

Than ks in advance.
I believe that before any assets can be divided any debts to the estate will need to be paid off.
Perhaps someone with more expertise will come along and be able to better explain....
 

nextwife

Senior Member
What was the disposition of the land intended to be?

Whomever was granted the land gets it with whatever equity exists. Unpaid property taxes are a lien on real estate, rather than a personal debt. It "runds with the land" rather than following the individual.

So the unpaid taxes are the responsibility of either whomever is keeping the land OR will be deducted from proceeds when the estate sells the property. Then the proceeds of the sale go back to the estate. It is NOT the estate's responsiblity unless specifically so stated in the will, to provide the assets totally fee and clear. The estate is not required to pay off whatever special assessments, taxes or mortgages were on property the decedant owned.
 
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