Legal Question in Real Estate Law in Texas

My grandfather "devise and bequeth all the rest and residue of my estate, of whatever kind, real, personal, and mixed, in fee simple, to my children, (lists all 4 of their names specifically) in equal shares, per stripes and not per capita" the house and 5 acres of land. All 4 siblings were alive at grandfather's death, so private of the will has been finalized and they each own 1/4 of the estate. All the siblings agreed to sell it, but it hasnt sold. They also agreed theyd split the probate fees and property taxes equally. One brother took it upon himself to move in last year, without the approval of the other siblings. Now, because he's living there, it really isn't getting sold. He's also tryung to nake all the siblings still split the property taxes. My mom died right after he moved in. She died intestate, in Texas, unmarried, so my brother and i are her heirs. Grandfathers will says per stripes which I assume means we split her 1/4, each owning 1/8. The brother who moved in bought out another sibling. So he owns 1/2, the last brother 1/4, and my mom a 1/4. Do we have to have a lawyer file the affidavit of heirship paper's? After that's all done, how do I make sure the two brothers aren't trying to dwindle her share down by adding fees (that they've not disclosed before or were not agreed on) fraudulently? Is there a way they have to prove fees with documentation? Also, the brother wants to only pay $5000 for property appraises at 71000 to buy out moms share. That is ridiculously a low ball offer. How can i make it sell for a fair amount if he's living in it?! Is there a way to make him as a tenant responsible for the taxes since hes moved in? Can we force him to sale?


Asked on 2/24/16, 2:04 am

1 Answer from Attorneys

Joseph A. McDermott, III Attorney at Law

You could file an action for partition to force a sale, but the legal fees would be large compared to the value of the property. I can't imagine a competent lawyer charging less than $25,000 minimum; could be a lot more if the brother fights the partition.

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Answered on 2/24/16, 6:49 am


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