Legal Question in Wills and Trusts in Texas

Sell Home in Estate

I am executrix of our father's will. Five siblings, one who is mentally challenged/epileptic. States in will he is to live in house till his death. Four of the siblings live out of town and/or out of state. I want to sell the house and use proceeds of sale to purchase a mobile home for above sibling and move to my home. He does not drive and requires medical attention. All siblings are in agreement to do this. What do I need to do? Our father died in 1996 and estate is still open.


Asked on 5/31/02, 8:05 pm

2 Answers from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: Sell Home in Estate

Mr. Dover's response is correct.

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Answered on 6/03/02, 12:34 pm
Michael Dover Michael A. Dover, PC

Re: Sell Home in Estate

From your question, it appears that your mentally challenged sibling has a life estate in the house. If he consents to the sale, you shouldn't have any problem. The first issue, is he mentally competent to consent to a sale? If he is and he consents, then you shouldn't have a problem. If he is mentally competent and does not consent, then you will probably not be able to sell. If he is not mentally competent, you can go to court to have a guardian appointed. The guardian could then consent to the sale and you could go forward with the sale.

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Answered on 5/31/02, 9:06 pm


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