Canton, TX Estate Planning Law Firms & Lawyers

No. You will need to petition to the probate court for an order the court will sign for her; however, in the petition you will want to request the court to assess fees and costs against her for an unreasonable refusal to agree to the sale and to charge her share of the sale proceeds for the fees and costs. The title company will want either her signature or a court order clearing your right to sell the property. Lastly, you could as a group , propose to purchase her share, but may have to pay a premium.

If the Will meets the other requirements and is witnessed by two disinterested persons, of which you can locate one to sign an appropriate affidavit, the Will may be valid. If it is not witnessed and is solely in her own handwriting, and the will is dated, signed and sets froth that it intends to dispose of her property upon her death, it may be valid as a holographic Will. You should probably speak with an attorney and have the Will reviewed.

Every state has different rules on how wills are to be properly authenticated. For instance, in Indiana, a will does not need to be notarized at all, but must be witnessed by two disinterested persons in the presence of each other at the time that the will is signed. However, your state may have different rules. You should consult with an estate planning attorney in the state in which the will was executed to be certain.