Dead Property Owner? Does brother Have Right to Sell the House?

[Blaine Alger]

So the Owner has been dead for 3 years and and did not have a will. The brother (who i spoke with) has been paying the property taxes for the last 3 years.

The deceased owner has a daughter who he didn't have a relation with and a son in Mexico

1)Would the brother be able to claim the property since he has been paying the taxes for the past 3 years? (The property is in Texas)

Any other suggestions would be appreciated.

[Jerel Ehlert]

lol, no.  Assuming the property is in Texas and the owner (O) died in Texas, that is.  Also assuming no spouse to deal with.

Equitable title vests upon death of owner; probate is about settling debts and passing legal title.  Son and Daughter are the heirs to O's estate.  

Brother (B) doesn't have claims to the estate, but may be entitled to reimbursement for taxes.  Adverse possession is going to be hard to nail, and in any event not without a lawsuit to take title, probably in probate court.  If you can't get the kids to sign over their interest, Brother has to come out of pocket to press claim.  If kids will disclaim interest, affidavits of heirship and their disclaimer can probably work for title companies.

Last bit, you have to make sure there are no debts owed.  If there are, you need probate to settle all claims, even if they are paid out of the sell of the house.  Otherwise the creditors have claims against all of you for fraud.