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  1. #1
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    Default Waiting to Probate and Sell Land

    My question involves estate proceedings in the state of: Texas A neighbor passed away a few years ago. She owned about 150 acres next to me. I would like to purchase a portion of her land from the 3 individuals to whom it was left. I ask about buying some of it and was told that they are waiting 4 years after the Aunt passed to sell any of it. I am just curious as to why they are waiting. None of them live in this area and as far as I know have no interest in keeping it. They would rather have the money.

  2. #2
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    Default Re: Waiting to Probate and Sell Land

    Quote Quoting 727
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    I am just curious as to why they are waiting.
    Give me a minute while I make a telepathic connection between here and Texas. Mmmmm, nope, not happening.

    Why don't you ask them why they want to wait?

    Maybe they just want to wait. Maybe they want to sell the whole thing and subdividing is something they don't want to do.

    Maybe they think you aren't serious.

    Could be something else, too.

    Quote Quoting 727
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    None of them live in this area and as far as I know have no interest in keeping it. They would rather have the money.
    If you are sure of that then here is what you should say.

    I will give you $__________ for _________acres.

    Fill in whatever numbers you think are appropriate and make the offer, in writing, with a purchase contract that says how much earnest money you'll put up upon acceptance.

    That's how you buy property.

  3. #3
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    Default Re: Waiting to Probate and Sell Land

    I have tried that. Why they want to wait is none of my business. But on the other hand could there have been something in the Will that is making them wait a certain amount of time? Went writing a will can the owner specify what the parties now owning the property can now do with it?

  4. #4
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    Default Re: Waiting to Probate and Sell Land

    Quote Quoting 727
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    I have tried that. Why they want to wait is none of my business. But on the other hand could there have been something in the Will that is making them wait a certain amount of time? Went writing a will can the owner specify what the parties now owning the property can now do with it?
    Dude, you said you wanted to know why in your first post and in this one you say it's none of your business. Either you ask them why or you leave it be. There is no law that requires them to wait and it would be seriously odd for a will to require them to wait.

  5. #5
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    Default Re: Waiting to Probate and Sell Land

    You can go to the probate court and see what the will actually says if you are curious.

    You do realize that the land would have to be subdivided before they can sell a portion of it to you. Get a copy of a recorded survey and show them exactly what portion of the land you want. Then offer to pay for the subdivision and the cost of the land. Make it easy for them to sell.

    On the other hand, 150 acres is a sizable chunk of land for development if it zoned for development. They may want to look for a developer or do it themselves.

  6. #6
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    Default Re: Waiting to Probate and Sell Land

    Quote Quoting 727
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    I am just curious as to why they are waiting.
    Are you suspecting that someone here will know the motivations of these three individuals who are completely unknown to us? Or are you just asking for blind guesses?

    Quote Quoting 727
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    Why they want to wait is none of my business.
    You're right, but that doesn't mean it's not reasonable for you to ask them.


    Quote Quoting 727
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    could there have been something in the Will that is making them wait a certain amount of time?
    In the abstract world of all that is hypothetical, virtually anything is possible.

  7. #7
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    Default Re: Waiting to Probate and Sell Land

    Quote Quoting 727
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    I have tried that. Why they want to wait is none of my business. But on the other hand could there have been something in the Will that is making them wait a certain amount of time? Went writing a will can the owner specify what the parties now owning the property can now do with it?
    (If the aunt left a will and it was submitted for probate, it would be a matter of public record. To learn, visit the probate court in the county where the aunt resided at the time of her death. If there is a will, read it.)

    NOW concerning your question "can the owner specify what the parties now owning the property can now do with it?" please understand this:

    If the heirs received title to the acreage by right of fee simple, they are at liberty to make disposition of the land as they please and without regard to any restrictions or "specifications" contained in the will by which the maker attempted to control future alienation of the property.

    Why so? Because of the universal public policy in this country favoring the free and uninhibited right to buy and sell real property and laws implementing that policy. Example:

    "A general restraint on the power of alienation, when incorporated in a deed or will otherwise conveying a fee simple right to the property, is void. The contested provision grants Bobby a fee simple in the property, but restricts Bobby from selling the property, and instructs him to pass the property on to his children. Therefore, the contested provision is void as a disabling restraint." (In Knopf v. Gray, Tex. App. - Waco January 11, 2017)

  8. #8
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    Default Re: Waiting to Probate and Sell Land

    Quote Quoting budwad
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    You can go to the probate court and see what the will actually says if you are curious.

    You do realize that the land would have to be subdivided before they can sell a portion of it to you. Get a copy of a recorded survey and show them exactly what portion of the land you want. Then offer to pay for the subdivision and the cost of the land. Make it easy for them to sell.

    On the other hand, 150 acres is a sizable chunk of land for development if it zoned for development. They may want to look for a developer or do it themselves.
    I have already checked into that. They have to go through a 1/4 mile of my property to get to theirs. There is no easement of record. The road through mine is fenced on either side and is 20' wide. In this county there has to be a road at least 60' wide for it to be subdivided.

  9. #9
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    Default Re: Waiting to Probate and Sell Land

    Quote Quoting 727
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    I have already checked into that. They have to go through a 1/4 mile of my property to get to theirs. There is no easement of record. The road through mine is fenced on either side and is 20' wide. In this county there has to be a road at least 60' wide for it to be subdivided.
    Then how can you buy only part of it if it cannot be subdivided? Looks like you would have to grant them a 60" easement in order for them to subdivide it to sell you only a portion of it.

  10. #10
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    Default Re: Waiting to Probate and Sell Land

    Quote Quoting llworking
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    Then how can you buy only part of it if it cannot be subdivided? Looks like you would have to grant them a 60" easement in order for them to subdivide it to sell you only a portion of it.
    I can buy a portion of it because my property touches one complete side of theirs. I had already bought 25 acres of it from the Aunt while she was still alive. They can not subdivide it because the entrance though mine is not wide enough and seeing that I own it and they have no easement of record selling any of it unless someone buys it for cash is not likely.

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