Legal Question in Wills and Trusts in Texas

My brother and I inherited some farm land 50/50 from our mother. The will was admitted to probate,letters testamentary to us as independent co-executors granted,and an appraisement and list of claims filed.The judge ordered the sale of enough property to cover debts and the cash gifts to the other beneficiaries. There is a total of six deeds to her property in her name. This lawyer we hired said we would not be issued new deeds in our names. We would use the old ones. Wouldn't that make it hard to sell the property? He said we would get some kind of paper showing we were the owners. Is his information correct?

Thank-you for your expert advise/opinion


Asked on 4/11/13, 7:10 pm

1 Answer from Attorneys

Arthur Geffen Arthur H. Geffen, P.C.

There is something wrong here. If you were appointed independent executors the only thing required after appointment and filing of the oath was the INA. Unless you got sued by the other beneficiaries the judge shouldn't have been involved in the decision to sell property and pay debts.

I am not sure what county in Texas you are in, but standard practice would be for you and your brother as IE of your mother's estate to issue distribution executor's deeds from the estate to the both of you indicating your ownership.

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Answered on 4/12/13, 8:12 am


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