my grandfather died and left his house to me and my uncle in his will. i live in the house. can my uncle, who is executor of the will, sell ...

Question

my grandfather died and left his house to me and my uncle in his will. i live in the house. can my uncle, who is executor of the will, sell the house without my agreeing to it? I was not even told when the will was probated. and i feel like m uncle is selling too cheap. i live in texas.

Answer

Some relatives, such as a surviving spouse or a child of the decedent, may have a probate homestead interest in the residence that would prevent the house from being sold. If you dont have a probate homestead, you are a tenant. The executor can sell the assets of the estate to pay debts of the decedent. If your grandfather had no debts when he died, there would be no reason to sell the house. You need to see a probate attorney to review the facts and law with you.

Answer

You're going to need to hire an attorney, as self-help rarely works in cases like this. Depending on when your grandfather died, and assuming that he died in Texas, your uncle may have had an obligation to provide you with notice of the Will's admission to probate. The fact that you haven't received this notice, with more facts, could support a request that the Court remove him as the Executor.

As has been stated, the Executor is authorized to manage the estate and typically sell most assets in order to pay proper debts. In most cases, your consent is irrelevant. If you think that he's acting unreasonably with regard to the sale price, that too might support a request that the Court remove him from his position.