Legal Question in Wills and Trusts in Texas

Hello,

My sibling wants to force the sell of some property that was left to us by my mother. She warned me that I would receive an "Notice of Intent to Sell" soon. What document do I need to file with the court to stop the sell.


Asked on 11/29/14, 9:23 am

2 Answers from Attorneys

David Leon David L. Leon, P.C.

There are a few options, but I don't know all the facts. The crux of the matter is that you can't force someone to hold on to property that they don't want.

If your sibling is motivated to sell, you might consider buying your sibling out, rather than going through the drama of fighting it out in court. This would likely cost you much less time and headache in the long run.

For more information, please visit our website:

http://leonlaw.com

Also, please read our disclaimer:

http://leonlaw.com/disclaimer/

Read more
Answered on 11/29/14, 1:55 pm
Michelle Scopellite Goldstein & Scopellite, PC

Was the property left to both of you equally by Will or Intestate (meaning no Will)?

Was the home deeded over to both of you before she passed away?

Did your sister go through the probate court process to obtain a right to sell the home, if the home was not deeded over to you both before your mother passed away?

If you are living in the home, did the Will provide for you to remain in the home?

- There also may be many other questions to be asked before this question can be answered.

However, if you both legally own the property, you may be able to partition the property or you can buy her out of her ownership, but I would need more information from you before I could answer your question.

Goldstein & Scopellite, PC has qualified litigation attorneys, probate lawyers and estate planning attorneys available to represent you at either one of their law offices located in Dallas, Texas and Tucson, Arizona - Please visit their websites at www.LawyersDallas.com and www.Lawyers-Tucson.com for more information or to contact them. Thank you.

Read more
Answered on 11/30/14, 3:27 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Texas