Asked in Land Use & Zoning, Real Estate Law and Probate for Texas

Q: I have a question. My mother died and outright owned a 3.15 acre piece of land that had a house on it. She had no will.

Not married. I have three siblings. I was just released from prison after 12 yrs . The last month of my incarceration, my three siblings signed over ownership to my step father who has no legal right whatsoever to the land with a warranty deed. They tell me that they chose a part of the land that has no access or electricity and is in flood zone to be mine. I don't want to sell my land . Is it legal what they did. I have never signed or been consulted or received any documents regarding this

1 Lawyer Answer
John Michael Frick
John Michael Frick
  • Frisco, TX
  • Licensed in Texas

A: It depends. When your mother died, the 3.15 acre parcel passed to you and your siblings as tenants in common. All four of you owned the entire undivided tract. Any tenant in common can petition a court to partition the land either by sale or in kind. You should have received notice of any such proceeding. Absent such a proceeding, you would still own a 1/4 interest in the entire 3.15 acre tract and either you or your stepfather can file a suit for partition.

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