Legal Question in Real Estate Law in Texas

My siblings, three brothers and a sister, and I inherited some acreage in 1986. The oldest brother died in 2008, and he was survived by his wife and three adult children. Since his death, his wife has grown more and more distant with us. We proceeded to have timber cut from the acreage. We would like to pay our sister-in-law her fair share, but she will not return any contact with us. The adult children are equally withdrawn from the rest of the family. Questions: are we legally obligated to pay her our deceased brother's share of the profits since the property was deeded to us siblings? Is there a way to file any kind of Quitclaim due to her unwillingness to talk with us? Is it feasible for the timber company to just pay one of us and then we distribute the monies amongst the siblings, including putting our deceased brother's share in a savings account?


Asked on 3/20/10, 8:34 pm

1 Answer from Attorneys
Cheryl Rivera Smith The Smith Law Firm

You are obligated to pay his heirs according to his will or heirs at law. Just mail her a check. If you want to cut brother's heirs out of the relationship, you can partition the property and a receiver will separate brother's share from the remainder.

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Answered on 3/26/10, 4:12 am


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