Legal Question in Wills and Trusts in Texas
sale of Mother's house in probate
Mother died Feb 2007. Five siblings inherited estate of house and cash. Independent administrator is handling administrative matters. Do five siblings have equal authority as administrator for selling price? Do all five siblings have to agree to sell if one is uncommunicative and won't discuss?Can siblings sell house over objections of administrator?Do all five siblings have to sign MLS form after offer to buy?
1 Answer from Attorneys
Re: sale of Mother's house in probate
The answer to all of your questions is, "it depends."
If your mother had a will, and she gave the executor the power to sell, or if sale is necessary to pay bills, then the executor can sell without joinder of the heirs.
If not, the heirs must join in all of the documents.
Also, if the buyer is getting title insurance, then the title insurer will probably require the heirs to sign off regardless of my answer above.
After the executor distributes the property to you five siblings, then you will all need to agree in order to sell the entire property. There is nothing to stop each of you from selling your 1/5, but it would be difficult to find a buyer of a fractional interest.
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