Legal Question in Real Estate Law in Texas

Life estate property being sold+remainder interests

Stepmother has life estate to house that my father and stepmother owned together. My father willed to me a remainder interest in the house. Stepmother still living, but in a nursing home now. Stepmother recently gave power of attorney to her brother and sister, and they are selling the house which has a mortgage. Question is whether or not I will have to sign documents when house is sold....stepmother owns 3/4 of house and I own 1/4. My concern with selling the house now is that the market is down and the house has been vacant for one year now and needs repairs. the brother and sister want to sell as is and don't care what it sells for. Do I have the right to hold up sale of house if they will just give it away to some other relative where my interest is worth nothing then? Would they have to obtain my signature on closing documents in order to sell the house? thanks

Asked on 2/23/08, 11:22 pm

2 Answers from Attorneys

Jon Zahaby Zahaby Law Offices
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Re: Life estate property being sold+remainder interests

If you are on title (meaning the Will already went throught probate and a title company updated the title) the house cannot be sold without your signature.


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Answered on 2/25/08, 11:59 am
Joseph A. McDermott, III Attorney at Law
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Re: Life estate property being sold+remainder interests

If the property is in Texas and you are a record owner of an undivided interest in the property, they cannot sell your interest without your consent. Unlikely someone will want to buy the house without all owners' consent.

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Answered on 2/24/08, 10:20 am

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