Legal Question in Real Estate Law in Texas
There is a brother and sister that are heirs to land with coal on it. The brother dies, but leaves a will.
The brothers children in his will are now heirs. Can the sister who is still living sell the land or sell the coal rights without the consent of the brothers heirs ?
Asked on 10/16/10, 6:30 pm
1 Answer from Attorneys
The general answer is "no." She cannot sell something she doesn't own. She can sell her undivided 1/2 interest in the property. Assuming she is not the executrix of the will, she can't deal with the other owner's interest. I'm also assuming that the title to the property is clean, and the brother's will was properly probated.
Answered on 10/21/10, 7:08 pm
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