Legal Question in Wills and Trusts in Texas

my mother passed away and left her land and house to me and my two brothers to sell and divide.one of my brothers is living on the land,and he wants to buy out me and my other brother.i am ready to sell my part to him,but my other brother cant be found.but he wont give me my money for the land until both of us is ready.is there a way that i can make him pay me now,since he is living on the land,and im not getting anything out of it.


Asked on 9/30/10, 1:00 pm

1 Answer from Attorneys
Keith Engelke Law Office of S. Keith Engelke

You need an attorney. One possible way to do this would be to file a lawsuit to partition the land by sale. The court would appoint an attorney or guardian ad litem for the missing brother (to make sure the price was fair) and his share of the money would be placed in the registry of the court. There is a risk that a third person might come forward and pay more for the land than the brother living on the land. The threat of a partition suit might be enough to make him buy you out now.

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Answered on 10/05/10, 2:29 pm


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