My mom died, leaving me as executor of her will. I'm about to sell her house, it's with the title company, but now one of my two sisters is ...

Question

My mom died, leaving me as executor of her will. I'm about to sell her house, it's with the title company, but now one of my two sisters is balking, asking questions how I can sell it wihtout her signature, that she thinks we cna get more money than what I'm selling it for. My mother was a hoarder, I've had to pay for the house to be cleaned out and the property to be restored to something that was sellable and now that I'm done, she wants to get involved. I've kept receipts and plan to take what I paid out of the sell before splitting what remains. Is this legal? As one of the three beneficiaries, does she have a right to block the sell of the property?

Answer

Assuming that this is an independent administration, you can sell the house without her signature, assuming it's a reasonable sale, made at arm's length. If she's still squawking, ask her to bid on the house herself. She can purchase it, and resell it and keep the excess proceeds.

Answer

If, as Mr. Leon assumes, this is an independent administration in Texas, you really should have an attorney helping you with questions just like this. In fact, virtually every probate court in Texas would require you be represented, and would not have appointed you if you were not.

That said, most well-drafted Wills contain a provision related directly to an Executor's power to sell real property. Even through some recent changes handed down by the legislature, this power is generally pretty strong and most Executors can sell a house for almost any reason. In those cases where there is not a Will, or where the Will does not expressly grant a power of sale, more can be required.

The bottom line here is that you are the fiduciary and your sister is not. Hopefully, you've done your homework and hired an attorney, a realtor and you aren't just taking the first offer that comes your way. As a beneficiary, your sister would not be able to hold up a reasonable sale. Like Mr. Leon suggests, you might consider giving your sister a sort of right of first refusal. If she thinks the current offer is too low, let her bid higher.