Must executor sell house

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carlav

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My jurisdiction is: Texas, Dallas

Both our parents died in 2001 and they made my brother executer of the estate. All other assests have been distributed as per instructions in the will-half for me, half for my brother except for the house and related chattels.

It has been eight years since my parents died. I don't get along well with my brother and every time I bring this issue up he gets defensive.

I have checked the tax records and as far as I can determine the house still belongs to my father. I can't see that the house has changed hands in any case.

It was my understanding that the properties, monies and so on included ALL of the properties monies and so on that my parents owned, not just bank accounts and what have you.

I only want my half of the house. Is my brother obligated to sell the house? Can executorship be transferred? I would like to see a copy of the wills. He has said that I don't need to. Where can I get a copy of my parent's wills?
Might I have to go to court to settle this?

Do I need an attorney or a therapist for my brother?

Any advice from a law professional would be greatly appreciated. Thank you.
 
You're entitled to half of its value. Whether he gets that by selling the house and splitting the proceeds, or keeping it and paying for it himself, is something you and he can work out.

You're entitled to a copy of the will. If he won't give it to you, he's probably in breach of his duties as executor. You should definitely talk to an estates attorney, and obtain a copy of the will from the courthouse where it was filed for probate.
 
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