Selling inherited property

M

michael bruce

New Member
Jurisdiction
Texas
Hello I inherited a piece of property in Texas and my aunt and uncle want to buy it. In the will it states that all the heirs to the will me my sister my brother and my two nephews have the right to purchase the land before I sell it to someone else. My brother lives in Colorado the last that I heard from him and I can't locate him. The title company wants everyone to sighn saying that they do not wish to buy this property. My nephews are going to sighn as well as my sister because they don't wish to buy this property. Please advise me to what can be done in a case where an heir can't be found. A local attorney says that it is up to the title company but I hope there is a way for me to sell this property. The case has already gone through probate and the will was not contested. Thanks
 
michael bruce said:
The title company wants everyone to sighn saying that they do not wish to buy this property.
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I'm sure that they do. But that's to cover their own butts for the title insurance.

There may be other ways you can accomplish this. Consult an attorney or get a different title company.

As for your missing brother, if the will says give him right of refusal then you are stuck with the need to locate him even if you have to hire a private investigator.
 
adjusterjack said:
I'm sure that they do. But that's to cover their own butts for the title insurance.

There may be other ways you can accomplish this. Consult an attorney or get a different title company.

As for your missing brother, if the will says give him right of refusal then you are stuck with the need to locate him even if you have to hire a private investigator.
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My brother has a shady past and may be impossible to find when he went to Colorado he gave no address and no way to contact him
 
That doesn't mean that you couldn't find him if your feet were to the fire and you had to find him.

You might be able to post a public notice but as long as the title company requires signatures, you might be stuck, unless you hire a lawyer to convince the title company otherwise.

As long as the buyer wants a title policy, the buyer will go along with whatever the title company says.
 
michael bruce said:
Hello I inherited a piece of property in Texas and my aunt and uncle want to buy it. In the will it states that all the heirs to the will me my sister my brother and my two nephews have the right to purchase the land before I sell it to someone else. My brother lives in Colorado the last that I heard from him and I can't locate him. The title company wants everyone to sighn saying that they do not wish to buy this property. My nephews are going to sighn as well as my sister because they don't wish to buy this property. Please advise me to what can be done in a case where an heir can't be found. A local attorney says that it is up to the title company but I hope there is a way for me to sell this property. The case has already gone through probate and the will was not contested. Thanks
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Five people inherited the property.
Five people hod deed to the property.
I suggest you do nothing until you've hired an attorney.
If the others sign away their interests BEFORE collecting their share of the proceeds, there will be issues later.
There are ways to sell the property, and ways you must seek him out.
The five of you need five attorneys.
If you wanted my share, I would sign only after I saw the purchase contract and my cashiers check or certified check, made payable only to me.

Depending on a person's tax situation, selling the property might be unprofitable.
 
army judge said:
Five people inherited the property.
Five people hold deed to the property.
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I'm not so sure that's what happened.

OP starts his post by saying "I inherited a piece of property" and then refers to other heirs in the will having a right of first refusal.

As if they all may have inherited other assets (or not) and had only the right of first refusal when the OP may have been the only one who inherited the property.
 
So the way the will was set out I recieved land my brother and nephews also recieved land and my sister recieved property as well. The will states before a can sell my share of the property the others have a right to buy it at fair market value. But in the will each person recieved they own piece of property. Everyone will sighn but I am having trouble finding my brother no address his mail comes here to my address because he lived here for awhile we activated his phone but it goes straight to voicemail it's eather off or he may not have it anymore. The bad thing is that my aunt and uncle have already surveyed the property and it was almost ready to close when we found out that the title company wants it cleared. I am having great financial difficulty and want this to go through so bad. My aunt and uncle even already surveyed the property that my brother and nephews get out of the property. My sister inherited property in West Virginia and she will sighn she doesn't want the property. But everything was spelled out as to what belongs to who in will. is there a way to partition the court to ask them to clear my missing brother from the first right to buy the land at fair market value. I'm just stuck thanks
 
michael bruce said:
By the way the will states how much land in acorage each person gets and where each persons property will be on the property.
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Why people write wills that require survivors to jump through hoops never ceases to amaze me.

What you need to do will require a lawyer to do it for you.
He or she will need to post a notice in the city of his last known residence.
That's the hardest part, waiting.
I think it's 90 days of publishing, maybe 180.
A lawyer can tell you.

If he's lived a shady past, you might try looking in the federal, state, and county penal colonies.

The social security death register might be able to reveal something useful, too.

Anyway, it'll get done, but it ain't fast.
 
michael bruce said:
Will the title company accept this if he isn't found
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Do yourself and your relatives a big favor, talk to a couple lawyers about what you're trying to do, and why your vanishing brother complicates it.

The first visit with most lawyers is at no cost to you.

Depending on how much money you require, you might be able to obtain a loan by using your 1/5 of the property as collateral.
 
Guys I have another question my aunt and uncle are buying the property with cash. If I have all of the other heirs sighn except my brother and the title company makes an exception to the title and that part of the title concerning my brother is not insured and my aunt and uncle go ahead and purchase the property after closing can we then get an attorney to clear out the cloud concerning my brother so that then my aunt and uncle can then have a clean clear title. part of the money they were going to give me I was going to get it next year but I would use it to hire an attorney. I ask this question because I am in very bad financial straights and I may lose my house to forclousre in the next few weeks that is why my aunt and uncle are buying the property in the first place they don't need or really want any more land they have thousands of acres they just want to help me out. I truely am in a bind. Any ideas or info would be greatly appreciated. God bless
 
michael bruce said:
Guys I have another question my aunt and uncle are buying the property with cash. If I have all of the other heirs sighn except my brother and the title company makes an exception to the title and that part of the title concerning my brother is not insured and my aunt and uncle go ahead and purchase the property after closing can we then get an attorney to clear out the cloud concerning my brother so that then my aunt and uncle can then have a clean clear title. part of the money they were going to give me I was going to get it next year but I would use it to hire an attorney. I ask this question because I am in very bad financial straights and I may lose my house to forclousre in the next few weeks that is why my aunt and uncle are buying the property in the first place they don't need or really want any more land they have thousands of acres they just want to help me out. I truely am in a bind. Any ideas or info would be greatly appreciated. God bless
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You need to visit an attorney or two in your county.
Until you do that, anything else would simply be rolling the dice hoping you don't SEVEN out.
The issue of your brother must be dealt with, otherwise if he or an heir appears, it could be trouble for all of you.
 
If aunt and uncle want to help you out they could loan you the funds until the title to the property is cleared.
 

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