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.
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.
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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.
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.
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