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What rights as executor do I have to sell my mother's home when it is titled in hers, mine and my siblings' names?

Spring, TX |

My mother had 50% ownership and the other 50% was divided between me and my 3 siblings on the title. There is no mortgage. I and one other sibling want to sell but the other two do not and currently live in the home. My mother's will states all her assets are to be sold and divided equally amongst her children. We offered the 2 siblings to buy out me and my sister but they do not have the funds or credit to get a loan. I just want to sell at this point in case my 2 siblings living there do not come through with paying the taxes.

Attorney Answers 3


This is not a family law question. I will move it to the Probate and Real Property sections so you will get some more answers. Good Luck.

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Tough situation since all the porert is not inthe probate. The PR can only sell one half.

I think you are going to have to do a partition action and get a court to compel the sale since 25% want to stay (two siblings) and 75% want to sell (two siblings and the estate).

In short, you will need to sit down with local counsel and see how best to handle it. It is just a little odd when you have a will that compels a sale of the property but only controls half of it.

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3 lawyers agree


You may have to file a partition lawsuit to sell property

Contact local consel

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3 lawyers agree

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