Legal Question in Real Estate Law in Texas
Sell of A house
My grandfather died in 1985. My grandmother is now 88 years old and selling her house. An attorney told us that she has to get the written approval of her four children before she sells her own house. As a result of my grandfather dying 20+ years ago?? We are confused about this.
1 Answer from Attorneys
Re: Sell of A house
This is likely correct. Because the death occurred in 1985, the prior laws would control. The law, as it was back then, stated when a person with children died, the surviving spouse received 1/2 of the community interest, with the remaining 1/2 split between the deceased's children. As such, you would need to have the children transfer their interest to their mother (or the buyer) after you've established who owns what. This is a fairly common procedure, and if everyone cooperates, not very expensive.