nursing home for sale texas
I am the executor of my Dad’s will and it has gone through probate. Can I just sell it?
I have to split the sale of the house with my step brother and sisters. My question is can I sale the house for what I want without them having to sign? The house has been sitting for 2 years and is deteriorating. We live in Texas and the house was bought in my Dad and Step mom’s name. She passed first and then my Dad. The state also has part interest because he spent some time in a nursing home. I have a lawyer, but he has been pretty worthless. It took a year for him to help me go to court for the probate and he has not responded to my emails or calls since.
My Dad’s will stated everything that belonged to him at time of death was to go to me, his only child. The judge approved the will at time of probate. Do I need to get something from the court that tells me I’m allowed to sell it?
The first thing you must do is hire a new lawyer and fire the old one because you are paying him to help you precisely with matters like this, and he isn’t doing his job.
You can’t sell the house until the Probate Court Judge signs an order giving you authorization to sell. When you get the authorization, and are ready to close, you, as executor, will sign the deed on behalf of the estate. No one else needs to sign the deed. The money from the sale will go into an Estate Account and cannot be withdrawn until the Probate Court gives authorization to distribute the assets according to the will, and close the estate. Since you are the only heir, all the assets will come to you in the end, but you have to wait until you get the final order of distribution.
Your attorney needs to guide you through this entire process. You really need to hire a new attorney to help you because you can’t do this alone.
