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Ely
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 101324
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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My mother passed away 5 years ago and did not have a will.

Customer Question

My mother passed away 5 years ago and did not have a will. My 2 brothers and I agreed that I would purchase the home. I processed all the paperwork with the real estate agent and title company and only paper work left is for my brothers to deed their share of the property. The home was appraised for 85K but the loan amount approved by the FHA is 43k and the closing cost is about 8k. The payoff on the old mortgage is 38k. My brothers seem to think that they will receive money from the sale of the home to me. I tried to explain that is not the case.I am concerned they will not deed the property and I will not be able to complete this transaction. If they refuse to deed their share , how should I proceed? My only interest here is to purchase the home.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. Please tell me:

1) Was a probate action filed for your mother's estate?

2) Whose name is ***** ***** title of the home - now?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 1 year ago.
There was no probate action filed. Her name, my mother's is on the title now.
Expert:  Ely replied 1 year ago.

Thank you.

1) Did she have a surviving husband?

2) How were you going to take her name off the deed if she was already deceased and you did not plan on filing probate? Or, you have not considered this? (I am not attempting to be preachy - I am simply trying to figure out what the plan was here - thank you for your patience.)

Customer: replied 1 year ago.
There is no surviving spouse. All of the paperwork has been completed by the title company. It was my understanding that the only paperwork that needs completing is the deed from my 2 brothers. I completed all of the closing paperwork this afternoon.
Expert:  Ely replied 1 year ago.

"My brothers seem to think that they will receive money from the sale of the home to me."

Actually, if the title is in her name, the check is likely to go to her. A probate action would have to be filed just to cash the check. In addition, it may be difficult to sell the property in her name without a probate action to begin with, so I am still not sure how you are doing this (if you want me to explain why I am saying this, let me know - I simply do not want to sidetrack us).

"I am concerned they will not deed the property and I will not be able to complete this transaction. If they refuse to deed their share , how should I proceed?"

Well, if the parties do not agree to sell, any owner can file for a partition action under Tex. Prop. Code Chapter 23. See HERE. Also see HERE. The Court can then order the property sold and proceeds split according to interest ownership, or, order a party to be bought out, etc - the court has discretion to rule on what it feels to be an equitable (fair) division.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Expert:  Ely replied 1 year ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!

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