Legal Question in Wills and Trusts in Texas
Two brothers and a sister are heirs to their parent's home. Can any one of them sell their inherited share?
Asked on 9/06/09, 2:23 pm
3 Answers from Attorneys
Arthur Geffen
Arthur H. Geffen, P.C.
If the parent's are already deceased, then it would be a good conveyance. If the parents are not deceased, and one sells their inheritance, there is no guarantee that the person that sold would actually inherit something in the future.
Answered on 9/11/09, 2:36 pm
Patricia F. Bushman
BUSHMAN LAW OFFICES
The simple answer is that it would be very difficult, if not impossible, to sell a 1/3 undivided share in the house unless it was being sold to one of the other heirs.
Answered on 9/11/09, 3:52 pm
Keith Engelke
Law Office of S. Keith Engelke
Assuming mom and dad are deceased, if no heir has a homestead interest in the house, then a suit to partition the house by sale could be filed. This would cause the house to be sold and the proceeds dividend among the heirs.
Answered on 9/12/09, 11:31 am
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