Legal Question in Wills and Trusts in Texas

Rights of Executrix of a probated will

I've probated by aunt will. I have inherited 3/4 percent of the estate. The other person involved showed interest in purchasing by share to keep the property in the family. We live in the state of Texas and the property has a Texas Medicaid Recovery lien in placed plus insurance and property tax will be due for 2008. I sent

the selling price as asked, have written and called to no avail. The other person involved was not involved in the caregiving nor the expense of the deceased. Do I have legal rights to proceed with the sale of the house in order to pay the estate debts? Could he block the sale by not signing his share to be sold? Thanks in advance for your help.


Asked on 5/13/08, 8:55 pm

1 Answer from Attorneys
Kathryn Perales PMI Oil Tools

Re: Rights of Executrix of a probated will

An Executor has the power to sell real property if necessary to raise funds to pay debts. You should try to get the other person's consent, but if this is not possible, and the numbers show that you really need to sell the property to pay Medicaid's claim, as well as the taxes and insurance, then you can sell the property. You should consult with your attorney if you are worried about liability. The terms of the will may or may not address this question further and modify my answer.

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Answered on 5/14/08, 9:59 am


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