Legal Question in Wills and Trusts in Texas

Re: no will

The law back then may have given him an interest in the property. So yes, he can make it difficult for her to sell the house. If he refuses to sign, then the spouse of the deceased would have to file an action in court to partition the property, allowing a sale.

Re: no will

Where is the property located? your email said "TX law" is the property in Texas or Alabama?

If in Alabama, the timing of your grandfather's passing means that the old Alabama Probate Code would govern/determine the rights of your grandmother in the subject property, unless the subject deed had "rights of survivorship" language and your grandmother's name on it.

If the deed did not contain grandmother's name, then as a general rule she would have only received a "life estate" in the property. However, under limited circumstances, her otherwise "dower" or life estate in the homestead property could have instead become a fee interest; and, if so, then grandmother does not need any other family member's consent or signature to sell or otherwise convey the property, but deed or her own Will.

If that exception does not apply, then your grandmother most likely would only have a life estate in the property which obviously no purchaser would wish to buy since that interest would later terminate at grandmother's passing.

You need to first get copy of the old deed, was the property just in your grandfather's name??? the deed language may in fact determine current ownership of the property.

You have several more pieces of this puzzle that still need to be located and placed on the table so to speak.

talk to a local attorney versed in the probate law of the pre-1983 Code time period. If we can be of further assistance, let us know and good luck. Hoping you and your grandmother a blessed week and Joyous Easter! Kindest regards, Chip

Re: no will

Whether or not your uncle can cause problems will depend on how the property is vested. If the deed says it's "Joint with Right of Survivorship", then the property automatically vested in your grandmother when your grandfather died and your uncle will have no say in the situation. If the deed is a joint tenancy and does not contain the survivorship language, then your uncle can cause a problem. In order to convey the property, your grandmother and all her children will have to sign a deed. If you uncle refuses and all other parties want to sell, then the family can petition the Circuit Court for partition and sale. This is asking the Court to allow the sale of the property over the uncle's objections and will give him his fair share of the sales proceeds once the property is sold. Consult a local attorney familiar with property and probate matters for further assistance. Good luck!