Legal Question in Wills and Trusts in Texas

My mother recently died intestate, so me and my 2 siblings inherit my mothers estate according to Texas law. I want to sell the house and split the amount with my 2 siblings. One of the siblings has already agreed to sign her third of the estate deed over to me.

The questions I have now are:

a) Sibling #1 wants a contract stating that she will get 1/3 of the money from the sale of the estate. I understand she will have to temporarily give her 1/3 ownership to me. How should I go about doing this.

b) What documents do I need to even get my mothers deed transfered into me and my sibling's names and do I *have* to have an attorney for that?

c) If me and sibling #1 both want to sell the house and split it 3 ways, sibling #2 may object. He is in prison. What kind of difficulties would we have to overcome to have his portion given to me temporarily like sibling #1? Is this even possible?


Asked on 9/19/12, 5:18 pm

1 Answer from Attorneys
David Leon David L. Leon, P.C.

I need a few more facts.

1. Did mom have a will?

2. Did mom have any other property, besides the house? (car, bank account)

3. Did mom owe any debts?

4. Are there any other children, besides you three (i.e. a deceased child?)

5. Do all children get along, and would all children agree to a selling price?

No one has to temporarily transfer title to you, although they can. You don't HAVE to have an attorney, but I strongly recommend that you don't do this yourself. You'll have to clear title to the house, and decide how to split proceeds, etc. Probate attorneys do this every day (literally). This means we can tell you how to do this with the least amount of headache, and put in in place.

You have a few issues:

1. Title to the house

2. How to sell the house

3. Any other estate assets or liabilities.

4. How to deal with the incarcerated sibling.

#1 depends on the answers above

#2-4 can be handled with a family settlement agreement, and some other documents (depending on how well you all trust each other.)

Dave

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Answered on 9/19/12, 5:34 pm


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