Legal Question in Wills and Trusts in Texas

My brother has lived on my grandparents property for over 15 years. My grandfather died in 1991 leaving it to my grandmother, who passed away in 1198, she left it equally to my brother, my mother and the 2 remaining living Uncles...My mother passed in 2002 leaving her share equally to my brother and me.....Now one of my uncles has put this property on the market to sell while my brother and his family are still living there...My question is.....legally doesn't my brother have controlling interest on this property? And don't ALL the heirs have to be notified and agree on this?


Asked on 4/02/10, 2:50 pm

1 Answer from Attorneys
Cheryl Rivera Smith The Smith Law Firm

They either all have to agree or the court must partition the property. I would suggest that you all agree to sell and divide the proceeds, because a partition action will cost between 5-10K.

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Answered on 4/08/10, 5:47 am


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