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buyer of land threatening to sue heirs that are in disagreement of purchase price.

Discussion in 'Joint Ownership' started by Trina Taylor, Apr 3, 2017.

  1. Trina Taylor

    Trina Taylor Law Topic Starter Guest

    Jurisdiction:
    Texas
    When my father passed, he did not leave a will. Their townhouse burned down 10 years ago and since then my mother has been paying HOA fees and Taxes on the land. A buyer of the land offered my mother $4000 and she signed the contract in agreement. However, because my father did not leave a will, Texas State Law for rights of survivorship has the land divided amongst my mother and the surviving heirs. We (the heirs) were contacted by the Title company to sign an affidavit of heirship which would mean we agree to the purchase price. However, we believe my mother was low-balled on the price as there was no appraisal done on the land and since the land is developed I believe a new development will be placed on that land. This of course would raise the value of that land. I've requested to for documentation from the buyer as to what his intentions are for the land and is he planning on developing. (I'm certain that is his plan).

    My mother is not contesting the contract she signed, but the heirs are as we would like documentation in regards to how the $4000.00 purchase price came to be. The buyer is threatening to sue my mother because the heirs will not sign the affidavit agreeing to his purchase price. Is this legal? Can he sue my mother who is a joint owner even though she is not the one contesting the purchase price?
     
  2. army judge

    army judge Super Moderator

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    Trina, take a look at this chart published by Jefferson County, TX:
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    http://www.frieslandlaw.com/Docs/EP9.pdf
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    Travis County, TX published a imilar chart:
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    Request Rejected
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    Many people assume that if they are married and die without a will in Texas, their surviving spouse will inherit their entire estate.

    This is not always the case.

    How their property is divided depends on whether it is characterized as community property or separate property.
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    Trina, if the property was acquired during the marriage, it is considered community property in Texas.
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    All property acquired during the marriage of your progenitors (parents) is presumed to be community property.

    Under Texas laws, if you are married and are survived by a spouse and children (issue of your current marriage):

    Your surviving spouse inherits all of your community property if all your children are also the children (issue) of your surviving spouse;

    Otherwise, all your of your 50% interest in the community estates will pass to your children, with your spouse keeping only his or her 50% interest.

    If you have no surviving children, your surviving spouse inherits all of your community property.
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    Before anyone can answer you properly, was the land acquired during the marriage?
    If so, it is community property.
    Your mother inherits ALL of their community property.
    The actions of you and your siblings are penalizing your mother.
    She can end up suing you accordingly.
    Beyond that, why argue over a lousy $4,000?
     
  3. adjusterjack

    adjusterjack Super Moderator

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    The buyer has absolutely no obligation to give it to you.

    Yes.

    Yes.

    And he will name the heirs in the lawsuit for tortious interference with a contract and the judge is likely to order the heirs to sign the affidavits or be in contempt of court.

    You heirs are opening up a real can of worms here with your greed.
     
  4. army judge

    army judge Super Moderator

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    Puzzling, because its a mere $4,000.
    Those purporting to be heirs claim the property is worth more.
    They could be correct, but THIS buyer is only offering four large.
     

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