Legal Question in Wills and Trusts in Texas

Forced sale of estate which is homestead of heir
Do Homestead rights protect from forced sale of estate which I bought w/parents 19 yrs ago? We filed Homestd exemptn & it's still in effect. We bought home in Joint Tenancy so it would pass to me. Per agreemnt I paid � mortgage monthly. Parents died & estate's in probate. Estate atty got order to sell. Estate has $$ from a sale & land. (I'd bought a 2nd house with SS benefits fr dead hubby to invest for child & had claimed homestd.) Soon, Mom fell ill & we moved back 6+ mos. Too much going on so I didn't change homested back to the orig. house. My bro's atty found homestd for 2nd house. My bro. knew I'd moved back to care for folks. At Appraisal Dist. I was told that homestd was still in effect on the home bought w/ parents. I told them that the last 8 years I'd cared for ill parents who'd died & App.Dist. said I didnt owe taxes as parents were using exemptn even tho my name was still there.. They added my disability exemptn. Since homestd exemptn was clarified & I still had it as homestd,do they have right to sell home? I've asked for mediation prior to selling but atty wants to sell now. Isn't it protected under Homestd Act? Please help! God Bless you!

Asked on 8/16/03, 2:40 pm

Rush Wells Ratliff & Wells

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Re: Forced sale of estate which is homestead of heir

You probably CAN stop the sale.

Where do you live?

If you need an appointment call Michelle at 806-385-3302.

This would require a $2,000.00 retainer.

Answered on 8/17/03, 10:40 am

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