Legal Question in Real Estate Law in Texas

heirship

husband's parents died without will

their are 3 living direct decendant's

an affidavit of heirship has been filed; however, there is a for sale sign on the 60 ac and 2 want to sell

and one does not. Do they all have

to sign before the property can be sold? They do not want to divide into thirds because it would require

surveys, attorneys, etc.


Asked on 5/19/09, 11:36 pm

2 Answers from Attorneys
Cheryl Rivera Smith The Smith Law Firm

Re: heirship

It takes all 3 heirs to sell or the property can be partitioned by the court which is very expensive. I suggest that either the one that doesn't want to sell buy the other two out or get over it and reach an agreement.

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Answered on 5/20/09, 7:45 am
David Leon David L. Leon, P.C.

Re: heirship

If they can't agree, then it's going to get expensive. You can force the sale by filing suit (an action to partition). If the one heir doesn't want to sell, have that heir go to a bank and buy out the other two. If not, start hiring surveyors, attorneys, etc.

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Answered on 5/23/09, 12:18 pm


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