Houston, TX asked in Probate for Texas

Q: My mother passed away and left a will I was named the executor to estate adopted sister will not sign heirship paperwork

Is there a way to go around her will was never probated because I didn't know I had to probate the will I have also payed the property off and payed before mother died what can I do I need to sell part of my property

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

A: Hire a probate lawyer and probate the Will. If more than four years have passed since your mother's death, it can be probated as a Muniment of Title. Texas probate can be relatively inexpensive and is payable by the estate. I doubt you will find many attorneys who will advise you to "go around" the law -- particularly on a public forum!

1 user found this answer helpful

Ross F. Tew
Ross F. Tew
Answered
  • Probate Lawyer
  • Arlington, TX
  • Licensed in Texas

A: Talk to a probate attorney. He or she can advise you how to clear up title to the property. Once title is clear (either by probating the will as muniment of title or determining heirship) and your sister still refuses to agree to a sale of the property, you'll need an attorney to help you with a suit for partition. A partition suit is a division or forced sale of jointly owned real property, depending on whether the property can be divided up physically, or whether it needs to be sold in one piece.

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