texas life estate stepmother force remainderman to sign sell of proprety

[pittbull222]

What is the name of your state? texas can stepmother with life estate force remainderman to sign sell of proprety under hug appraised value in court ??? thanks for any and all answears very much !!!!!

 

[LdiJ]

What is the name of your state? texas can stepmother with life estate force remainderman to sign sell of proprety under hug appraised value in court ??? thanks for any and all answears very much !!!!!

I would think no, but I believe that we would need the backstory to give more specific advice. What is her reason for attempting this?

The language granting her the life estate would also matter.

 

[justalayman]

Is this a standard life estate or a lady bird deed (enhanced life estate) type of life estate?

In a standard life estate, the tenant not only couldn’t force the remainderman to sign off on such a deal, the tenant doesn’t have the right sell the property at all. The tenant is allowed to live in the premises for the duration of their life.

They can sell their life estate if they can find a buyer but the tenancy still ends at the death of the original life tenant. They have no right to sell the property itself.

Now, in a lady bird deed a person can establish a life estate but they are reserving the right to change the entire deal and terminate the life estate, the transfer at death and anything else regarding the life estate. It is more like a simple transfer on death style of transfer with a right to revoke the transfer directive.

The fact there is a court involved suggest there is a lot more to the story. That additional info is needed to provide much advice

 

[pittbull222]

Stepmother type will at my father hospital bed the appraiser office has a copy but will not let me get a copy of the will she has health issues and is anxious to cash in for under the appraised value must I be forced to sign in court

 

[ShyCat]

Stepmother type will at my father hospital bed the appraiser office has a copy but will not let me get a copy of the will she has health issues and is anxious to cash in for under the appraised value must I be forced to sign in court

It would help if you wrote in coherent, complete sentences (with proper punctuation) instead of sentence fragments as above.

 

[justalayman]

Stepmother type will at my father hospital bed the appraiser office has a copy but will not let me get a copy of the will she has health issues and is anxious to cash in for under the appraised value must I be forced to sign in court

That doesn’t sound like it’s a life estate situation.

A will is not enforceable unless it has been presented to probate court. Has she opened probate on his estate yet? Given there is a court involved I would have to guess she has. If so, then go to:the courthouse and get a copy of the will. It will be in the file at the probate court and is public record so they can’t deny you a copy.

Texas has a odd system when there is no will. Rather than trying to explain all of the situations possible, start with:

How was title to the property held; him separately, together as tenants in common, together as joint tenants with rights of survivorship

 

[pittbull222]

Dear senior member ShyCat I do apologize for not writing in coherent complete sentences with proper punctuation instead of sentences fragments as well as misspelled words. I have limited education which puts me at a great disadvantage to correspond with such a highly educated person such as yourself. I do apologize and thank you and everyone else ever so much for your response.(1) this has not started in court yet stepmother has only threaten to do so and said if I should lose that i would not receive any money from the sell. (2) i have obtain a copy of the will from the appraisal office file in the year of 2014 but was not file with the probate court. (3) the certified deed is still in my biological father name it is a ((SPECIAL WARRANTY DEED) (4) the will does state in part that stepmother has right to live on property as long as she wise to do so [ no word of life estate] will also state that all parties by name must agree and sign for sell of said property i am sorry fo such a long length of questions QUESTION (1) is will Vaild in court? [2] how likely is it that a Texas judge will force order me to sign for a hug appraisal value loss on the sell? (3) should (SPECIAL WARRANTY DEED) stay in my farther name ? Thank everyone very much!!!!

 

[justalayman]

I believe this is one of those times where it’s unlikely you can share enough information to allow anybody to be able to give you any dependable advice. . You need to find a local attorney who can review the situation and advise you.

 

[LdiJ]

Dear senior member ShyCat I do apologize for not writing in coherent complete sentences with proper punctuation instead of sentences fragments as well as misspelled words. I have limited education which puts me at a great disadvantage to correspond with such a highly educated person such as yourself. I do apologize and thank you and everyone else ever so much for your response.(1) this has not started in court yet stepmother has only threaten to do so and said if I should lose that i would not receive any money from the sell. (2) i have obtain a copy of the will from the appraisal office file in the year of 2014 but was not file with the probate court. (3) the certified deed is still in my biological father name it is a ((SPECIAL WARRANTY DEED) (4) the will does state in part that stepmother has right to live on property as long as she wise to do so [ no word of life estate] will also state that all parties by name must agree and sign for sell of said property i am sorry fo such a long length of questions QUESTION (1) is will Vaild in court? [2] how likely is it that a Texas judge will force order me to sign for a hug appraisal value loss on the sell? (3) should (SPECIAL WARRANTY DEED) stay in my farther name ? Thank everyone very much!!!!

ShyCat had a valid reason to speak the way that she did. Your sarcasm is unnecessary. It was quite difficult to figure out exactly what was going on the way that you were posting. You did a much better job of explaining the situation in this post.

Texas is a community property state so even though the property was in your father's name she is going to have a claim against it. With having a claim, its possible that she could convince a judge to order the property sold so that she could get her share out of the property. However, that does not mean that you would lose your share. You are going to have to explain what "hug appraisal value loss" means if anyone is to give you any further information.

 

[justalayman]

ShyCat had a valid reason to speak the way that she did. Your sarcasm is unnecessary. It was quite difficult to figure out exactly what was going on the way that you were posting. You did a much better job of explaining the situation in this post.

Texas is a community property state so even though the property was in your father's name she is going to have a claim against it. With having a claim, its possible that she could convince a judge to order the property sold so that she could get her share out of the property. However, that does not mean that you would lose your share. You are going to have to explain what "hug appraisal value loss" means if anyone is to give you any further information.

It is possible it remained separate property. Not enough info known to determine if it is community property.

Even if she has a claim based on community property or intestate succession or the will, a court is not going to require the property be sold below market value without a very very good reason. Beyond that, the other holders of interest would be given the opportunity to buy out the stepmother.