Legal Question in Wills and Trusts in Texas
I will preface this question with a short story about the current situation. My father John, died in 1998. left my mother, BETH, his estate and all it's contents. Sadly on 09/03/2012, BETH had passed away made no preparations for the the estate leaving to 3 children, Joe, "whom is incarcerated", myself Peter, and the last MARY. Now I went and had the general warranty deeds made as well as affidavit of heir ship prepared.
I have lived there for the last 24 years taking care of my parents John and Beth in there final years so they would not have to be placed in a nursing home. I have been paying the property taxes on this estate since 2005. And all other expenses. Now I find it is becoming to costly to maintain the estate. I have researched it's market value yet know to sell I will need to reduce the price to sell AS-IS.
If all 3 sibling agree to selling yet Mary seems to be unwilling to partake in any efforts other then to collect. can 2 of the 3 proceed without the 3rd party? or what fast steps can be taken If I can not afford to live there or move?
Peter
2 Answers from Attorneys
Peter,
If only 2 of the three owners agree to sell, you can file a suit for partition. I'm not sure how fast this will be. However the advantage is that the court can issue an order to partition the property by sale. You should also ask for credit for the taxes and insurance you have paid on behalf of the other owners.
You should get a lawyer to help with this.
Yes..even one can force sale through probate....We would welcome the opportunity to visit, explain the consequences...of filing probate and
selling the property....no fee to discuss and you can decide what, if anything, you want to do.
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