Q: Can executor sell property in TX against original will?
Does a decedent's spouse have the authority to appoint an independent executor to sell all of the estate's property upon her death, including real property purchased through the Veteran's Land Board of Texas? The husband, in his will, left her a life estate in the property, specifying that upon her death, the property is to go to his legal heirs. Her will gives her named executor the power to sell all property despite his will and an affidavit of heirship she signed before her passing. Both are deceased. Although the land was purchased during their marriage, the Veteran's Land Board states that the deed signer is the legal owner, making it separate property since her name isn't on the deed. It is believed that the executor obtained the appointment as executor and beneficiary through undue influence or forgery, despite having no blood relationship, and is attempting to gain 40% of the land. The executor sold the property within 21 days at a price $300,000 below market value, claiming he had the authority to do so. He also states that 50% of the proceeds go to the beneficiaries named in her will, which includes himself. Is the executor's conveyance of the land an ultra vires act?
A:
You are incorrect regarding the effect of the deed on whether the property was community or separate property. Property acquired during marriage is community property unless you can prove by clear and convincing evidence it was husband’s separate property.
That being said, if you are an heir at law of the husband, you still can challenge the conveyance because you appear to have a remainder interest in his 50% community share of the property. Wife’s will dictates what happens to her 50% community interest.
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