Legal Question in Wills and Trusts in Texas

is it legal if executor signs over property

My grandmother left an estate willed to her four children(my mother incl.). Most of the estate has been sold and profits divided. We owner financed the last house that was so neglected no bank would loan on it. The contract was for two years and then a baloon payment. The contract said if we were two months late on the note we breached the contract. We were in the refinancing throws and days from closing and having the money for the baloon payment when Hurrican RITA hit and stopped all insurance policies from being written. We had to start over. Since our two year contract was about to end in 2 month and we would not be refinanced to be able to pay the final lump sum, the executrix my aunt, agreed to, and signed over a waranty deed to me and I filed it. I intend on paying the estate as soon as we close the loan. The other heirs are serving us with a 30 day pay or quit. If the deed is filed in our name (providing the executor had the right to do that) aren't we safe? We have put thousands into rebuilding this once dump and don't want to lose it. The estates attorney has died and the executrix is not sure of her rights and responsiblities. Should I have a title search done to cover my self? What are my rights?


Asked on 1/07/06, 11:31 am

1 Answer from Attorneys

Peter Bradie Bradie, Bradie & Bradie

Re: is it legal if executor signs over property

The only person that has the authority to demand payment is the executrix. If she's willing to extend the terms of the note, the others will just haved to suck it up.

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Answered on 1/07/06, 5:00 pm


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