Other kid just died about a year ago and probate is complete but still technically open. The two kids (brothers) were both appointed as Co-Independent Executors and under residuary clause split everything 50/50.

We bought the daughter of the other kid of grandpa out (50% of the interest). This is clean.

With regard to the two brothers that are Co-Independent Executors and beneficiaries (the other 50%), the situation was that the two brothers no longer speak.

We got a deed from the one brother both as Co-Independent Executor of the Estate and as an individual. But the other brother who was also a Co-Independent Executor of the Estate and beneficiary under the Estate did not sign.

The brother that signed is a cranky old man in his 80's but of sound mind. He was like I have the authority to do this, and you need to pay the Estate for the entire 50% of Mom's interest.

So we paid the Estate for the entire 50% without the other brother's signature.

I advised that we had a problem and could not really claim the other brother's interest from the Estate without him signing off. I documented this in title and in numerous emails.

I am a minority partner in our thing but I have my own company. The guy that is the majority partner went ahead and leased the entire 320 acres for 1K per acre ($320K). I advised him to put 80K in escrow (25% of the take) in case this came back on him. He didn't do it and spent the entire $320K.

After this, the majority partner deeded out the acres. My company is one of the people he deeded out to, but I didn't get that much, only 20 acres of the 320.

After deeded out to everybody the majority partner was left with about 80 acres, which he then SOLD for 3K per acre or another 240K on top on the $320K lease money.

Yesterday we got a certified letter from an attorney representing the brother that did not sign. I advised majority partner that worst case situation would be that WE as a group would have to give the brother who didn't sign back 25% of the acres, or around 80 acres.

My question is this, there is not a way that the opposing attorney could seek to overturn the full 50% of the deal could they? By this, I mean is there any way they could try to void the signature we got from the other brother as Co-Independent Executor and as an Individual? So we are only looking at a 25% risk here right?

(http://www.autoadmit.com/thread.php?thread_id=5531185&forum_id=2#47681053)

The common law rule is that all fiduciaries must act unanimously, but Texas Estate Code § 307.002(b) permits "fewer than all to act" if authorized by the court.

You have a fall back apparent agency argument (and possibly other equitable defenses) if the "co executors" did not scrupulously comply with § 307.002.

(http://www.autoadmit.com/thread.php?thread_id=5531185&forum_id=2#47681178)

"The brother that signed is a cranky old man in his 80's but of sound mind. He was like I have the authority to do this, and you need to pay the Estate for the entire 50% of Mom's interest."

Sounds like you should have told him no and that if he disagreed he could get an Order. The bigger problem is that the land has been partitioned and it might be impossible to unwind the subsequent transactions without irreparably harming third parties.

I think that people's carriers need to be notified. Your partner seems like he's in way deeper shit than you, but you have some exposure too. It seems to me that the original transaction should not have occurred and you are not going to make the brother whole by returning 80 acres. There's probably going to be substantial liquidated damages here.

(http://www.autoadmit.com/thread.php?thread_id=5531185&forum_id=2#47681214)