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

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

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Attorney answers 3


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.


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.


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 relationship. When responding to questions posted on Avvo, I provide a general purpose response based on California law as I am licensed in California. In reviewing my response, you are specifically advised that your use of, or reliance upon any response I provide is not advisable. I do not have all relevant background details or facts related to your issue / matter, thus I am not in a position to give you legal advice. Further, your review, use of, or reliance upon my response does not establish an attorney-client relationship between us nor does it qualify as a legal consultation for any purpose. For specific advice regarding your particular circumstances, you should consult and retain local counsel.

Daniel Lee O'Neil

Daniel Lee O'Neil


Excellent response.

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