Legal Question in Wills and Trusts in Texas
parents will states me and my 2 brothers share and share alike in their home. That makes us joint tenancy but one of our brothers passed away and now our neice ( with no will) is going to sue us in a partition lawsuit to sell. The house was never meant to be sold. Even if the 2 parties owns 2/3 and she has inheirited by default..1/3. Can you please help. Already tried to buy her out, she won't go for it.
2 Answers from Attorneys
She can partition. If she won't sell to you, perhaps you haven't offered enough? You should have the property appraised and make the offer again. If she partitions, the judge should allow you to buy her out...at market value.
If the partition action goes forward, then you can bid on the property, just like anyone else. What's commonly done is to list the property, match the highest bid, and then get a mortgage on the house to buy out the person wanting to sell.
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