Legal Question in Wills and Trusts in Texas
Division of Property
My sister is the executrix of our father's estate. He left several children a percentage in some acres of land. There was no specific part of the acreage left to anyone, just a percentage in the land. I found out that she is trying to transfer the income producing property (real estate)to herself via a conveyance plat and transfer the non income producing land to the remaining 4 heirs. Can she do this without our approval? and How can we stop her if she can? Thanks for help.
1 Answer from Attorneys
Re: Division of Property
No. If what you say is true, you father left you an UNDIVIDED interest in the entire estate. You should contact an attorney to either file a motion in the probate court to stop her actions or, if you wish to liquidate, file a partition lawsuit, a receiver (possibly you) will be appointed to sell the property and split the proceeds equally after the property has sold. It is much easier to act before the problem occurs rather than clean up a mess afterward.
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