Legal Question in Real Estate Law in Texas
Who has control of the house after the death of the owner
Recently my great aunt died and had no will nor an excutor of her estate. One of her grandsons had power of attorney but I know that doesn't supercede death. The house was in her name so who now has authority to decide what happens to the house or who get's the house? She had one son that has died and a handful of grandchildren, only one of which is mentally capabable and responsible enough, but he doesn't want it.
1 Answer from Attorneys
Re: Who has control of the house after the death of the owner
This is a fact specific question. Basically, if the house was grandmother's sole property at her death, and she wasn't married at the time of her death, then the property would pass to her living children, and the grandchildren of her deceased children. They can agree amonst themselves who gets the house. Your required paperwork would vary depending on how you all decide to work things out.