Legal Question in Wills and Trusts in Texas
probate and will
My father passed away 12 yrs. ago. the will stated that when he passed away that all his kid's would get equal amount's for the house. my brother is executor of the will. the problem is my brother refuses to sell the house. He has not probated the will. My mom is still living in the house and the house is under both her and my dads name's. She want's to sell it also. What can we do about this? Is there a certain amount of time for him to probate the will? and if it hasn't been probated is it too late to do so?
1 Answer from Attorneys
Re: probate and will
It is way too late to probate the Will. That has to be done within 4 years, but the estate still needs to be settled.
There is no way to tell from what you said whether the house was separate or community property. If it's community property, your father could only leave you children the half he owned and your mother can't be forced to sell just because you want your money. Community or separate property, your mother has a life estate in the house and can't be forced to move out.
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