Legal Question in Real Estate Law in Texas
Long Overdue Probate
My father passed away nearly 7 years ago and left us a will to be probated. According to the will, he left me and my brothers a property to be shared amongst us four, but we never did execute the probate,and two land properties are at issue now. My mother wishes to sell one of the properties, but my brothers and myself oppose the idea.
Can she sell any of these properties without our consent? And if so, is there anything that we can do to avoid selling any of these properties unless all of our signatures are included to authorize a sale?
1 Answer from Attorneys
Re: Long Overdue Probate
We have a problem in that the will was not presented for probate within four years from the date of death. As such, the property would pass pursuant to the laws of intestacy. There may be a way around this, if the circumstances are exceptional enough.
To answer your question, your mother can likely petition a court to force the sale of the property by filing appropriate paperwork. This is an expensive way to handle things, however. Probably the best thing to do is see what your mother hopes to gain from the sale of the property, and have everyone else buy her out for the amout she hopes to receive from such a sale. I can draft documents necessary to accomplish this, and put you in touch with some financial institutions that handle these types of matters.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
