Legal Question in Real Estate Law in Texas

Selling of Property Left to Heirs Without Will

Last year my sister and I lost the last of our parents there was no will from either one. She wants me to sign over complete and legal rights to property so she can use it for collateral. Can she force me to buy her part or can she sell her part without my signature. And if not what process do i need to do to get this handled without costing me alot of money. Nothing has been done legally since our mother passed away everything is just as it was when my dad died


Asked on 9/05/03, 4:08 am

1 Answer from Attorneys

Re: Selling of Property Left to Heirs Without Will

I don't know enough of the facts of the case to answer that question. Did either of your parents owe any debts? Is there any other propety in either estate besides the property that she wants to encumber? That will change my analysis considerably. At any rate, it is possible for your sister to ask a court to force the sale of the property and have you all would share in the proceeds. That is a rather expensive procedure, however.

I've run across this situation many times. The least costly way out is to (1) have a lawyer draft a settlement agreement between you and your sister, (2) clear the title to the property, and then (3) have your sister buy out your half of the property, using the property itself for collateral. She could then use the remaining equity in the property as collateral on a new loan.

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Answered on 9/05/03, 9:28 am


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