Legal Question in Wills and Trusts in Texas
Shared inherited property
I live in a home which my mother willed to myself and three other brothers. I moved there at her request before her death. I also share the home with a divorced brother and his young children. I have also had the misfortune of having an alchoholic sibling who has vowed to throw us out on several ocassions by legal means. I beleive this to be more nonsense than anything else. He had attempted to force us to buy him out but apparently he couldn't. He has also stated that he will sell his interest in the property. Can this be actually legally done? I do not beleive one can sell interest in a residence in which other proprietors are currently living.
2 Answers from Attorneys
Re: Shared inherited property
People can sell anything that somebody else will buy. In truth, he does not have much to sell. He has a contingent future interest dependent upon whether he remains in the will. That is not a market value of his interest in the property.
Re: Shared inherited property
All he has to sell is his 1/4 undivided interest; sure not worth much. He may be able to force a partition and sale of the house, with each getting 1/4th of the value of the sale.