San Antonio, TX asked in Estate Planning for Texas

Q: Can I become executor of estate sell it and then give them their share later? Or what should I do next to take of this?

My mother recently died. She and I were owned property together. Since we purchased the property we each got married. She was separated from her husband for the past three years but never got divorced. I have 2 brothers we are not her husband's children and 1 of my brothers is in prison in a different city. Me and my husband live in another home and can not afford to pay the mortgage for two homes. I was trying to sell the property but buyer backed out when he found out from a probate lawyer he was hiring for the purchase of home that since there was no will, all 4 of us myself, my two brothers and my mothers legal husband would have to all agree and sign and it would take a lengthy process to close on house and it was longer than they were anticipating to get ownership of property. I understand that we all have stake in the property but right now I am the only one financially liable for the property since I am the only one on the note.

Related Topics:
3 Lawyer Answers
Terry Lynn Garrett
Terry Lynn Garrett
PREMIUM
Answered
  • Estate Planning Lawyer
  • Austin, TX
  • Licensed in Texas

A: None of you has authority to sell the property at present. Hire a local probate lawyer to help you file an application to administer the estate, sell the property and, after all bills are paid, distribute the net proceeds according to the Texas laws of inheritance.

Mike Massey and Nina Whitehurst agree with this answer

1 user found this answer helpful

Ellen S Deutsch Taylor
Ellen S Deutsch Taylor
Answered
  • Estate Planning Lawyer
  • Ponte Vedra, FL

A: You need to hire a probate lawyer to open a probate to administer the estate. A will only nominates the executor or personal representative and it up to the probate court to appoint the executor and carry out the will. All of you would have to agree to selling the property.

Mike Massey
Mike Massey
PREMIUM
Answered
  • Estate Planning Lawyer
  • Austin, TX
  • Licensed in Texas

A: Without a Will, you'll need to do an administration of the estate. The court will appoint an administrator, and then the administrator will have the power to sell the property and distribute the assets. Many people in Texas think that because they're the rightful heir or next of kin, that they can just sign a piece of paper. However, reality is that the courts need to get involved before actions can be taken on an estate.

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.