Selling family land, and relative refuses to answer any communicative.

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Selling family land, and relative refuses to answer any communicative.

About 4 years ago, my mother passed away, and my brother/I inherited land. We have 1 half-brother, who still has rights to 01/18 of the land. The executor for my mother’s estate had been in communication with this half-brother. We retained approval for the sale of the land, and the title company sent the half-brother the appropriate paperwork. The half-brother signed/notarized the paperwork, and emailed the paperwork back. The issue is that the title company needs to the originals not email copies. The half-brother has now gone radio-silent. He is refusing all and any communication from myself, my brother, executor, title company, etc. What legal recourse do I have? We have already missed 2 closing/sales because of this half-brother. He will be getting a check for 01/18 of the land, but there is bad blood between him and my deceased-father, so this half-brother has been very uncooperative since my mother’s passing.

Asked on April 9, 2019 under Real Estate Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Set the matter for a hearing before the probate court and send the brother notice.  If the brother appears....get his signatures.  If he does not appear, then ask the court for permission to sell the house without his consent or signature.  This will be enough for most title companies.


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