Sell Home in Estate
I am executrix of our father’s will. Five siblings, one who is mentally challenged/epileptic. States in will he is to live in house till his death. Four of the siblings live out of town and/or out of state. I want to sell the house and use proceeds of sale to purchase a mobile home for above sibling and move to my home. He does not drive and requires medical attention. All siblings are in agreement to do this. What do I need to do? Our father died in 1996 and estate is still open.
Re: Sell Home in Estate
Mr. Dover’s response is correct.
Peter Bradie
Bradie, Bradie & Bradie
6606 FM 1488, Suite 148-363
Magnolia, TX 77354-2544
Re: Sell Home in Estate
From your question, it appears that your mentally challenged sibling has a life estate in the house. If he consents to the sale, you shouldn’t have any problem. The first issue, is he mentally competent to consent to a sale? If he is and he consents, then you shouldn’t have a problem. If he is mentally competent and does not consent, then you will probably not be able to sell. If he is not mentally competent, you can go to court to have a guardian appointed. The guardian could then consent to the sale and you could go forward with the sale.
Michael Dover
Michael A. Dover, PC
1405 Vontress Dr., Suite 1101
Plano, TX 75074