What can I do about my sister wanting rent for our inherited property?

Full question:

My mother passed away, my sister and I were co-executors. As per the letter of testamentary the property was put in both of our names. I currently live on the property, pay all utilities, taxes, house insurance, lawn maint. etc... She has paid nothing to do with the house or property, but she wants rent without any responsibilities to house or property. What can I do? pay rent or?2nd question- I got the property appraised and she will not recognize the appraisal because it is so low compared to the tax appraisal, she wants me to pay her off using the tax appraisal not from the residential appraisal report from a company I hired. Please help!

  • Category: Real Property
  • Subcategory: Partition
  • Date:
  • State: Texas

Answer:

If you and your sister cannot agree on the property, you may consider filing for a partition action. This legal process allows co-owners of real property to resolve disputes about dividing or selling the property. One co-owner can request a court order for the sale of the property or to divide it, which can be complicated in practice. A partition order typically includes an appraisal to determine the property's value, which sets the price for one party to buy out the other's share. Any claims for unpaid rent can also be addressed in this action.

In Texas, the relevant statutes include:

  • § 23.001 PROP. Partition: Joint owners can compel partition of property.
  • § 23.002 PROP. Venue and Jurisdiction: Actions must be brought in the district court where the property is located.

Regarding the appraisal dispute, your sister's refusal to accept the appraisal you obtained does complicate matters. However, the court will typically rely on the appraisal conducted by a qualified professional rather than the tax appraisal, which may not reflect the property's current market value.

For more specific guidance, consider consulting with a legal professional who can assist you in navigating this situation.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

An executor has significant authority to manage the deceased's estate, including paying debts, distributing assets, and handling property. However, their powers are limited by the will and state laws. Executors must act in the best interests of the estate and its beneficiaries, and they are accountable for their actions. If disputes arise, beneficiaries can challenge the executor's decisions in court.