Warranty Deed Contested

[ljwpick]

My question involves estate proceedings in the state of: Texas I bought my mothers property before she passed away of cancer, I promised her to do what her will had stated, I have been trying to give my brothers his 3 acres of land he is not happy how it is surveyed, what is his chances of winning a deed contest? they claim she was on medication at the time, which she was on a small amount but I have medical evals stateing she was of sound mind.

[Mr. Knowitall]

The answer depends on the facts, which we do not know. You bought the property for full market value? Then the money you paid is in the estate and this shouldn't even be an issue. You "bought" it for far less than market value when your mom was on medication? Your chances are much lower.

[ljwpick]

Yes I bought it for less than market value, but im offering him the same thing as what was in her will, except he dont like the way it was surveyed, I may have to take it to probate, which I am executor of her will. the will was unclear on how the land should be divided. who decides in probate how it gets divided if it is unclear in the will?