Legal Question in Wills and Trusts in Texas

Ok so here is my story and questions. My grandfather and grandmother (whom legally adopted me when I was four) passed away leaving their home and property to me and my brother. Along with a small piece of land down the street as well. I have lived in this home my entire life, over 40 years. About four years ago when my grandmother passed and the assets were left to us my brother didn't want anything to do with the house nor the land, so I have been living here and taking care (as best I can) of the house and property since. Well, just recently my brother has decided he wants the house and property the house is on to be sold, and the smaller piece of land put in his name. He has gone as far as having a letter drawn up requesting a firm $20,000 from the sale of the house, along with the other land being signed over to him and has had it notarized. He showed up at my door with this letter and gave me a time limit of one week to decide if I would sign it, and if I don't sign he would then SUE.

First of all, the house is an older home. I just now had to tap Into my 401K to replace the 50 year old sewage system, which is $8,500 upfront that will have to be payed later this month. Also, not very long ago I put new tile throughout the entire house, along with a couple other upgrades that truly needed to be done. AND there still is MANY things that need to be done. I won't get into what is all wrong with the house, but just know that the 20,000 my brother is demanding would be just about all the money from the sale, leaving me to use the remainder of my 401k to 'hopefully' find another house that I could afford.

I simply do not have 20,000 sitting around to pay my brother. And how can he just show up demanding money AND land? I do not want to sell my home of 40 years, but let's just say I did comply with my brother...wouldn't the house and both property's be sold and then the money just split down the middle? What are my options? Do I just let him sue me and hope a judge rules in my favor because so much time has passed? Can I be forced to sell my home, even if I have lived here for so long? Also, I'm pretty sure I need a lawyer... What kind of lawyer do I need (real estate?)? And if possible who is a good lawyer to handle a case like this in south texas?


Asked on 8/27/14, 5:58 am

1 Answer from Attorneys

How did they leave the property to you? Did they have Wills? Were the Wills probated? If so, then the language in the Wills would control who got what.

Assuming that you and your brother received 50/50, your brother could force the sale of the properties and the proceeds would be split 50/50. If you have improvements and have paid taxes, you can be reimbursed 1/2 for your expenses. This type of action is called a "Motion to Partition". This kind of lawsuit forces jointly owned property to be sold.

As for what kind of lawyer you need, if the wills were not probated, or there were no wills, you'll first need a probate lawyer to establish who owns the land. A real estate lawyer would be able to assist you with your dispute with your brother.

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Answered on 8/27/14, 6:16 am


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