Oak Leaf, TX Estate Planning Law Firms & Lawyers

Children are not responsible for the unknown debts of their parents. Your father's estate will be responsible for his debts and your mother could be responsible for your father's debts.

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.

It is not clear if the deceased's spouse was alive at his death. If she was alive at his death and she was omitted from the trust for whatever reason she would have the right to elect to take against the estate but the election must be made rapidly. If an estate was opened in the probate division of the circuit court (if the trust was contained in a will this would be the case). That election would have to be made within six months of the grant of Letters Testamentary or Letters of Administration. If the spouse has since died at the very least an estate should be opened for her. The heirs of the wife need to hire counsel to protect their rights.