Legal Question in Wills and Trusts in Texas
land sale
My brother and I inherited 93 acres from my father which is the residue of 169 acres otherwise divided. This 93 acres has not been divided between my brother and I. We own it together I guess. Can I sell part of this 93 acres without my brothers ok? My step mother has a life time estate on five acres out of the 169 acres and she wants to buy it. Can I sell this to her with out my brothers ok? Plaese help. Thanks
2 Answers from Attorneys
Re: land sale
Yes and no. You can petition a court to partition and force the sale of the property, but it wouldn't necessarily be to the mother. This isn't the least expensive alternative. Before going this route, you should check with the family and see if there is some common ground for settling the differences, as this could save significant amounts of money.
Re: land sale
All you can sell is your undivided 1/2 interest in the 93 acres. Until it's partitioned, you can't identify which part is yours and which part is your brother's.