Corpus Christi, TX asked in Civil Litigation for Texas

Q: If land was willed to my Mother in the state of Texas, does she have to sell her land because the executor wants to buy?

There are 5 children in which this 67 acre land and home were left to in equal shares.

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1 Lawyer Answer
Tammy L. Wincott
Tammy L. Wincott
Answered
  • San Antonio, TX
  • Licensed in Texas

A: First, the will must be admitted to probate before an executor obtains any power. Second, an executor may not buy the land without the agreement of all heirs otherwise there may be a conflict of interest. I suggest meeting with a probate attorney as it may be necessary to file a suit for partition that would result in each beneficiary receiving their share of real property or the sale of the property with proceeds divided accordingly.

This question should be in probate not here.

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