Re: Texas Estate & Will question

<kauboyz@xxxxxxxxx> wrote in message
news:1156694675.102521.162180@xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
My father in law just passed away with no will and 63 acres of land
with House,
which he owns outright. He leaves a wife (his second) and 4 children.

So - I believe the wife will get 50% of the estate with 12.5% going to
each of the children.

My question is:

If all of the family members decides to sell the estate and their share
- except one - what happens if one holds out?

Note - the father purchased the land & house 2 years after he divorced
his first wife of 15 years, and two years before he met his current
wife. They lived together for 5 years before marrying.

It would be normal for a probate court to order the property sold. The
money would become part of the estate and then the money would be divided as
part of the distribution of estate assets. The property normally would be
distributed directly to the heirs only if they agree to take title as joint
tenants or tenants in common. In this case I don't know whether there are
factors arising out of the laws of community property, intestate succession
or probate procedures which might result in the property being distributed
to a group of heirs. Therefore, all I can address is what happens when
tenants in common disagree. If after the estate administration is completed
several people end up owing real property as tenants in common, and they
disagree about whether to sell, any one of them can initiate a court action
for partition. The court in the partition action would order the property
sold and the money divided. Any of the title owners can become the buyer,
either through offers to the selling agent or bids at an auction.

Since all of them will be told by their attorneys about actions for
partition, that might influence the parties to reach agreement. That might
mean that one or more of them would buy out the one who wants to sell, or
the ones who don't want to sell realize there will be no choice and decide
to make sure the property is properly advertised so that the maximum price
is received.

This answer must not be relied on as legal advice for the reasons posted
here: http://mcgyverdisclaimer.blogspot.com

McGyver


.

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