# property owner dies

**URL:** <https://boards.straightdope.com/t/property-owner-dies/704570>\
**Category:** In My Humble Opinion\
**Created:** [November 13, 2014, 9:35pm UTC](https://boards.straightdope.com/t/property-owner-dies/704570 "2014-11-13T21:35:57Z")\
**Posts on this page:** 4\
**Page:** 1

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**Author:** ![CBguy1983](https://avatars.discourse-cdn.com/v4/letter/c/d6d6ee/32.png) [@CBguy1983](https://boards.straightdope.com/u/CBguy1983)\
**Post date:** [November 13, 2014, 9:35pm UTC](https://boards.straightdope.com/t/property-owner-dies/704570/1 "2014-11-13T21:35:57Z")

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So heres the deal. Bout 2 months ago i was thumbin through our local paper and glanced through the delinquent property tax section. My father showed up with my child hood home. I did research and our county register of deeds has him as sole owner. I finally discussed it with him on the phone. He was in Texas and Im in Kansas. He said he had no need for the house where as im young and i do want it. He said what i expected retaining what he last remembered of the house. He suggested i call the company that owns land round the house and ask if their owner of certificate. I looked that term up and it said name on deed which is his. I still called and their exact words were “its our property but someone just bought it.” Didnt actually answer. I talked to the court house and lady said since he’s not interested he needs to sign a quit-claim deed to me. She was pretty adamant he needed to sign it in front of a notary. Well problem is he went in the hospital for breathing problems and was placed in a medically induced coma.

I got informed this past monday he passed away. I know he was married. Ive had alot of things running through my mind and one being the old house. Im pretty sure he didnt have a will. So Im curious what would happen to the house now.

I know theres someone living in it. Dads sister was talking to my cousin bout the house a while back. She said he might have gave the land round the house the house. However that was like 4 years ago. If someone just GAVE you a house wouldnt you do whatever it takes to make your ownership unquestioned. Instead he’s still on it and hasnt lived there since bout july of 09.

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**Author:** ![Czarcasm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/czarcasm/32/4050_2.png) [@Czarcasm](https://boards.straightdope.com/u/Czarcasm)\
**Post date:** [November 13, 2014, 9:41pm UTC](https://boards.straightdope.com/t/property-owner-dies/704570/2 "2014-11-13T21:41:14Z")

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You should see a lawyer.

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**Author:** ![md2000](https://avatars.discourse-cdn.com/v4/letter/m/73ab20/32.png) [@md2000](https://boards.straightdope.com/u/md2000)\
**Post date:** [November 13, 2014, 10:21pm UTC](https://boards.straightdope.com/t/property-owner-dies/704570/3 "2014-11-13T22:21:58Z")

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See a lawyer.

Dad was in Texas, you’re in Kansas. Lawyer can tell you whose law applies for no will. (Wild IANAL guess - Texas)

Presumably the default is - divided half to current spouse if surviving, rest evenly among children. The law may recognize “homestead” that the couple’s current house goes to the spouse, but the rest is estate.

> **[Intestate Succession in Texas](https://www.nolo.com/legal-encyclopedia/intestate-succession-texas.html)**
>
> What happens if you die without a will? Learn about intestacy in Texas.

It’s easy to look these things up on the internet, but only a local lawyer can tell you how to make things happen for real.

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**Author:** ![engineer\_comp\_geek](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/engineer_comp_geek/32/504_2.png) [@engineer\_comp\_geek](https://boards.straightdope.com/u/engineer_comp_geek)\
**Post date:** [November 13, 2014, 10:22pm UTC](https://boards.straightdope.com/t/property-owner-dies/704570/4 "2014-11-13T22:22:28Z")

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**Moderator Action**

Since this seems to involve legal issues, it’s best suited to IMHO.

Moving thread from General Questions to In My Humble Opinion.
