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Forced Sale on Assumed Property??????


nfrdad02
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My mother passed away a few years ago with no will, I have three siblings

In texas with no will I understand that I have 1/4 of 1/2 of her home. Which would be 14K. My sister has 1/2 & 1/4 of 1/2 and brothers have same as me.

I may be forced to file chapter 7 personally

My problem is if chapter 7 is going to effect my silings by the force of sale of my mothers sisters home, I can not do it. My sister is blind and that is the only home she has ever had and I can't take the chance on a force sale situation.

Does anyone know if this is a fact? Can anyone give me some advise

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Do YOU live in the house ?? If not, then the homestead exemption can't be used because it's not YOUR primary residence. Given the details, it IS possible that a BK Trustee could go after the house - BUT he'd have to buy out the other owners to do it, so a lot depends on how much the property is worth, and is there a mortgage on it ?

You could always file Ch 13, then the house would probably be safe. Talk to a BK attorney before you panic, they could tell you what could happen and they know the local trustees and the way they work.

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