Legal Question in Real Estate Law in Texas

I am listed as second in line Executrix of my parent's Estate because my late brother, who was listed as Executor died. The Sale of the property is going to be processed via "Affidavit of Heirship" due to my other brother not wanting the time and exense of Probate. Can I sign the Listing Agreement to place the house on the market without being appointed as Bona-fide Executrix by a Court? The RE Agent says that I can, and that once the house is sold, we heirs all sign a Quit Claim Deed at the Title this true in Texas?

Asked on 5/05/16, 1:16 pm

1 Answer from Attorneys

Joseph A. McDermott, III Attorney at Law

It's probably OK, but I would INSIST that the MLS listing AND any sales contract include a bold-faced notice that any sale is subject to joinder by the other heirs. That way you're not running the risk of being criticized or sued for trying to sell something you don't have the power to do on your own.

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Answered on 5/05/16, 2:58 pm

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