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Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 41626
Experience:  Texas Attorney for 30 years dealing in real estate
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I would like to know where to start with a partition suit.

Customer Question

i would like to know where to start with a partition suit. grandmother died no will with 7 siblings how do i tried to talk to all sibling everyone agree except 2
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Ray replied 2 years ago.
Hi and welcome to JA. I am Ray and will be the expert helping you today.What state is the property located in here??And is title still in grandmothers name?Thanks..
Customer: replied 2 years ago.
texas and yes title is in grandmothers name
Customer: replied 2 years ago.
i was told that a partition in kind need to be filed to have property divided up by court
Expert:  Ray replied 2 years ago.
So here what is needed is to make application for probate and for you to be appointed personal representative.Once appointed you would seek a court ordered sale of the property as part of probate.Here any creditor claims, expenses due you for legal fees, your commission for serving all get paid off the gross sales and then the remaining funds are distributed.
Here since there was no probate no need for partition the court has authority in probate to order a sale.Any other assets the grandmother had can be part of probate as well.
Expect probate here to take about a year from start to finish once you make application.Since there is no will here the court has to approve everything.
I appreciate the chance to help you today.Please let me know if you have more follow up Thanks again.
Have a great Memeorial Weekend.
Customer: replied 2 years ago.
thank you
Expert:  Ray replied 2 years ago.
You are so welcome.Remember you get paid a commission for your work.
Sec. 352.002. STANDARD COMPENSATION. (a) An executor, administrator, or temporary administrator a court finds to have taken care of and managed an estate in compliance with the standards of this title is entitled to receive a five percent commission on all amounts that the executor or administrator actually receives or pays out in cash in the administration of the estate.
(b) The commission described by Subsection (a):
(1) may not exceed, in the aggregate, more than five percent of the gross fair market value of the estate subject to administration; and
(2) is not allowed for:
(A) receiving funds belonging to the testator or intestate that were, at the time of the testator's or intestate's death, either on hand or held for the testator or intestate in a financial institution or a brokerage firm, including cash or a cash equivalent held in a checking account, savings account, certificate of deposit, or money market account;
(B) collecting the proceeds of a life insurance policy; or
(C) paying out cash to an heir or legatee in that person's capacity as an heir or legatee.
Thanks again good luck here in probate.
Expert:  Ray replied 2 years ago.
Lawyer referral here to locate probate lawyer where grandmothers property is located.
Have a great weekend.
Expert:  Ray replied 2 years ago.
This is called intestate==no will=probate here in Texas.Here is good reference about it.The major difference is that court has to approve everything and it slows it down a bit.
JA will email you our chat and these references when you positive rate.Thanks again.
Expert:  Ray replied 2 years ago.

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