Legal Question in Wills and Trusts in Texas

How do we go about selling our deseased mothers home.

From Dallas, Tx- Our mother passed away in August of this year and I along with three other siblings are trying to sell her home. It is to be sold and split four ways. We are all in agreement to sell the home and on the sales price. What steps do we need to take to sell the property? And what outstanding bills of our mothers are we required to pay from the sale of the property?


Asked on 10/25/05, 6:35 pm

2 Answers from Attorneys

Peter Bradie Bradie, Bradie & Bradie

Re: How do we go about selling our deseased mothers home.

You'll have to probate your mother's estate. Probate her will if she had one, or move to have heirship determined. Or file an affidavit of heirship in the real property records. Only then will you have the authority to sell the property.

You may have to wait five years if filing an affidavit of heirship is all that's been done.

Your mother's estate is responsible for all the unpaid bills she may have left behind. If the outstanding bills exceed the value of the estate you should pay first claimed until the estate is depleted. Heirs are not responsible for any deficiency.

But if the heirs take the estate without clearing the outstanding bills, they will be personally responsible.

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Answered on 10/25/05, 6:46 pm

Re: How do we go about selling our deseased mothers home.

Did your mother have a will? If so, you'll need to probate it. As for the bills, you should take an inventory of teh bills, find out the amounts, what they're for, etc. Many times, you can settle them and then use an heirship affidavit to clear title. Call me if you would like to chat about it more, as these types of cases tend to be fact specific.

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Answered on 10/25/05, 9:48 pm


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