Legal Question in Wills and Trusts in Texas

My mother died without a will and owned property. My sister paid the back due taxes to keep from a tax auction. My sister and I are wanting to sell property but brother is doing nothing. What paperwork can we file so that we have the right to sell without his approval?


Asked on 4/05/10, 7:04 am

1 Answer from Attorneys

You have a few options, depending on your brother:

1. If you can convince your brother to sign off on this, then you can sell the house with very little legal expense. Basically, he'd sign two documents. You can either buy him out now (if he needs $) or you can split the property proceeds during the sale's closing.

2. If your brother is adverse (i.e. he's actively blocking you) then you need to file an action to partition the property. This is a court ordered sale of the property. This is the most expensive option, and should be a last resort.

3. Depending on when your mother died, who has occupied the property and how long the back taxes accrued, you may try to adversely possess the property. Again, this is a very expensive proposition.

Dave

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Answered on 4/10/10, 7:36 am


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