Legal Question in Wills and Trusts in Texas
Having Trouble closing estate, one property left...sibling wants to sue.
My father passed away 9 years ago and left a handwritten will. My siblings and I got an attorney and all necessary papers were filed q. My siblings agreed on myself and a friend of another sibling would be co-executors. The will was probated and everything but one piece of property was distributed. $1200 was kept in the estate account for taxes.
The property is a lot in a bad area that we have not been able to sell after several tries. There are now back taxes on the lot. My sister found someone willing to take the lot over for what is owed which all but one sibling have agreed to. One of the siblings is refusing to sign and is now questioning distributions and how the estate was handled. The estate properties and stocks were valued at $100,000 and everything but the $5000 lot was distributed in the first 2 yrs. He did not question anything initially and signed all papers. Co-exec was his friend and quit after year 2.
I have had health issues and chemotherapy 4 years ago, told my siblings that I wanted out of the estate dealings. 5 of the 6 heirs just want to sell problem property now and close out the estate.
What can the other sibling do? Can he stop the sale or demand an accounting? What is my liability?
1 Answer from Attorneys
Re: Having Trouble closing estate, one property left...sibling wants to sue.
Your sibling can demand an accounting, as a matter of law. If the estate has been properly handled there should be no problem.
If the back taxes are equal or greater than the value of the property, then the sale would be legitimate since the estate is liable for the taxes. If the back taxes are less than the value, then the sale becomes questionable since the accumulation of back taxes doesn't penalize the estate and, eventually, the county will seize and sell the property unless the taxes are paid.
You only have liability if you've done something improper and thereby denied your sibling money due from the estate.
You cannot be forced to continue as administrator, co- or otherwise. Tender your resignation to the court and let the other siblings bang heads.
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