Legal Question in Wills and Trusts in Texas
Can one heir of three force the other two to buy the one's interest in undivided inherited property?
Asked on 7/17/10, 6:09 am
1 Answer from Attorneys
Roger Merrill
Merrill & Associates
Generally, an heir can ask the court to partition property jointly owned. Some property cannot be divided and, thus, must be sold. The lone heir cannot force the others to buy, but he can force either a division or sale. There are exceptions to this rule, for example, a son cannot force his mother from her homestead upon his father's death.
Answered on 7/17/10, 10:25 am