Coppell, TX asked in Probate for Texas

Q: My father-in-law wants to sell un-probated property to help cover medical costs but eldest child is blocking the sale.

He failed to probate it after his first wife died. Now that he needs to sell it his oldest is making demands on sales price that would place it above market value. Can she block the sale entirely or can he sell the property and pay everyone their share?

Related Topics:
2 Lawyer Answers
Ross F. Tew
Ross F. Tew
Answered
  • Probate Lawyer
  • Arlington, TX
  • Licensed in Texas

A: Whether the property was separate or community property during their marriage, and what children they each had in and out of their marriage will dictate whether your father-in-law owns the property outright, whether he and her children share title to the property, or whether he has a marketable interest at all. He needs to gather his wife's death certificate, gather the most recent recorded deed to the property, and meet with a probate attorney to get a clear understanding of his options.

Terry Lynn Garrett
PREMIUM
Terry Lynn Garrett
Answered
  • Probate Lawyer
  • Austin, TX
  • Licensed in Texas

A: It sounds as though your father needs to probate the Will (if there is one) as a "Muniment of Title" or to seek an heirship determination. Right now, it appears that neither your father nor anyone else has the legal authority to sell the property. Please see a local probate attorney.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.