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Will states everything is to be liquidated. Siblings want to come in and take what they want out of the home. Can they?

Tyler, TX |

I lived and took care of my mom for 12 years. I am having to leave the home since I can't afford to buy it. I have an adjoining lot next to my mothers estate that has her septic line going across it. I have asked that my lot be sold with the property but my brother insist that he won't have anything to do with that. What can I do since the line is on my property and he won't include it with the sell of the estate?

Attorney Answers 3

Posted

If the line is on your property, the estate needs an easement from your lot. The buyer of the estate lot needs to bargain with you for an easement, and you should try to alert the title company, broker, or buyer of the encroachment Without that easement, you can remove the septic line.

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Posted

In addition to Attorney Pyke's answer.
Why not just list your property for sale
at the same time with the same broker when your mom's
property is listed.

The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.

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5 comments

Asker

Posted

Mr. Pippen, I have aske my brother, whom is the executor to allow me to do that since my lot is the only one I have left and he said he wasn't going to deal with that and that it was my problem.

Joseph Franklin Pippen Jr.

Joseph Franklin Pippen Jr.

Posted

Since it is your lot-it is your decision.

Asker

Posted

ok, thanks. What about the will stating that everything is to be liquidated. Can my siblings come in and take what they want to or does it all have to be sold?

Kelly Scott Davis

Kelly Scott Davis

Posted

Liquidation means "sell" not "loot." The family can of course buy the property, but only for fair market value. Coming in and just taking the personal property should not be allowed by the executor and should be brought to the attention of the court.

Charles Adam Shultz

Charles Adam Shultz

Posted

I think Mr. Davis addressed your question as completely as could be done. Good luck.

Posted

I agree with Mr Pyke as usual and Mr. Pippen stole the words out of my mouth. If the use of your property was permissive, you should also discuss with a real estate attorney the best way to protect your property interest.

The general advice above does not constitute an attorney-client relationship: you haven't hired me or my firm or given me confidential information by posting on this public forum, and my answer on this public forum does not constitute attorney-client advice. IRS Circular 230 Disclosure: In order to comply with requirements imposed by the Internal Revenue Service, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed herein. While I am licensed to practice in New York and California, I do not actively practice in New York. Regardless, nothing said should be deemed an opinion of law of any state. All readers need to do their own research or pay an attorney for a legal opinion if one is necessary or desired.

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2 comments

Asker

Posted

permissive? meaning

Charles Adam Shultz

Charles Adam Shultz

Posted

Meaning the line was not put on your property against your will and you voluntarily allowed your mom to run it across your property. If the action was open, notorious and hostile to your rights as the owner of the property, then your mother's estate may have a claim to the right to continue such hostile use.

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