Why do my sister and I have to sign a paper in order for my dad to be able to sell his home?

My mom died over 2 years ago. There was a Will in place before she died. It said the norm I think everything went to the other and when the one left dies it then is to be split equally betwen us siblings. My dad is wanting to sell their home which is paid off in full. Why do my siblings and I have to sign a papee before he can sell it and what if we don’t. Does this mean that we have some kind of interest in the

house? This happened with my great aunt but the will read per stirpeas so we were the heirs of my real father that preceeded my great aunt in death. Is this the same.

Asked on March 21, 2017 under Estate Planning, Texas


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

This question is diddicult to give guidance on becuase there are some facts that need confirmation.  And the Will may not have been what you think.  The issues surrounding your familial relationship and the house ownership seem to be in question. Was the house owned by your Mother prior to her marriage to your step-father?  Perhaps they did not own it with "rights of survivorship" and her half would pass to her children as well as him so you would need to sign papers allowing for it's sale and may even be receiving a portion.  You need to take all the documents to an attorney to review.  Sign nothing until you understand all the moving pieces.  Good luck. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.