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Division of Property

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V

vmostowfi@aol.

Guest
state: texas
Deceased died in may 2001 and had a valid will. probate has still not been started. left property of several hundred acres and small bank account. there are 3 adult children. 2 want to sell the property and divide the proceeds. one does not. can property be sold without agreement from all 3? also, one who does not want to sell had check writing priveleges on deceased person's bank acount. do other heirs including executor have right to this account now?

thank you.
 


A

advisor10

Guest
AUG. 24, 2001

DEAR VMOSTOWFI:

Your comment stating that "probate has still not been started yet" makes this a very unusual situation. It is normal procedure for the decedent's will to be required to be filed in probate court within 30 days of the decedent's death, so unless the executor is stalling for some unknown reason the executor should be advised that the will needs to be filed as soon as possible. You should check at the county courthouse (of the city where the decedent died) to verify whether or not the will has been filed yet. If it has been, you can examine it since it is public record.

After the will has been filed, then the executor will receive the legal papers that authorize him/her to act in claiming the decedent's assets and handling the real estate properties. I wasn't sure if you were mentioning the fact that someone may have been named executor (in name only by being mentioned in the will) or whether the executor now has official capacity to act because the will has already been filed.

Yes, the property can be sold without agreement from all 3 (it is called a forced sale). I assume the executor can initiate this proceeding (you really do need to consult with a local probate attorney or a real estate agent to find out the details for doing this.)

As far as the bank account, the executor (after he/she has received their legal papers) has the official authority to claim it, but if the person who had check writing privileges was named as a joint tenant/co-signer with right of survivorship, then that person may also be able to claim the money without the account going through the probate process. You really need to speak with a customer representative at that bank to find out what their specific procedures are, and they will advise you.

SINCERELY,

[email protected]
 

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