LaCoste, TX Estate Planning Law Firms & Lawyers

Yes. If the house is still in probate, the ordinary and usual way to sell is for the personal representative (administrator) to petition the court for approval of the sale. Consent of all 6 not required. If it already is owned of record by 6 owners, they can file a suit for partition, and the court will order sale.

As you describe the situation,the estate did have assets. It had the $5,000 you and your sibling are disputing. You are not entitled to the assets of the estate without some action, perhaps as little as filing a small estate affidavit. As much as you do not want to consider it, your sibling is in the right until you take action to give you a legal right to some portion of the $5,000.

The answer to your question depends on many facts that are not presented. Chief among them is whether your father is still alive and if so, is he legally competent. If he is legally competent, the answer is always no you cannot take control of his estate. If he is alive but not competent, you will need to go to court to have yourself appointed the conservator of his estate. If he is dead, it depends on whether he left a will or not. If he left a Will, were you nominated to be the executor? Was someone else? If he did not leave a Will, are you his only child? Was he married at the time of death? In all cases, is there any reason why you would not qualify as the person to be in charge?