My granny's will said ALL property was to be sold per her death.butmy sister refused to sell our property out of state

Asked 10 months ago - Montebello, CA

Her will stated all property was to be sold but my sister has been paying property taxes on land we own in Texas and never told me about it.I found out from a company who was interested in drilling on do I force her to sale it?the will says to sale Every thing

Attorney answers (3)

  1. 1

    Lawyer agrees

    Answered . Was a Probate ever opened? If the decedent owned property in Texas, opening a Probate will be necessary. Probate is a process that requires disclosure of assets to all beneficiaries. Is you Sister the Executor or Personal Representative of the Will? If so, she has the responsibility for opening a problem and distributing the assets according to the terms of the Will. Do you have an original copy of the Will? It will be needed to open a Probate. I would need to know a lot more details to be able to really provide good counsel. I think you should talk to an estate planning lawyer. You might need to open a Probate if one is needed, if your sister will not act.

  2. 1

    Lawyer agrees

    Answered . If the property is still in your grandmother's estate, someone needs to open probate in Texas to distribute it. If the will says sell, it should be sold in probate. If it is not, once it is in your name you will have to file a partition action. You need to contact an attorney in Texas.

  3. Answered . My colleagues are have provided sound advice. If a probate was filed in California, an ancillary probate in Texas will be necessary. You should consult with a Texas attorney. You can try the Avvo Find a Lawyer Tool for a referral.

    ** LEGAL DISCLAIMER ** My response above is not legal advice and it does not establish an attoreny-client... more

Related Topics

Property tax

Property tax is a levy local governments assess on property, usually based on its value, to pay for local services like schools, public safety and road repair.

Ancillary probate

Ancillary probate is a probate proceeding held in a state other than your home state, used to distribute property you own in that state according to its laws.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.


Ask now

32,478 answers this week

3,655 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

32,478 answers this week

3,655 attorneys answering