Legal Question in Real Estate Law in Texas
Property of deceased family member
If the owner of a house passed away & left it to his wife, but he made no will & she never put it under her name (property still under his name) & now she passed away too but the only thing she left was a power of attorney to one of her daughters to sell the house but, another daughter of hers is living there & the daughter she left power of attorney to is forcing her to pay rent if she wants to live, Can she do that? or what can be done to not pay rent on your own mother's house?
2 Answers from Attorneys
Re: Property of deceased family member
The power of attorney disappeared at the death of the mother. Since the daughter living there owns half of the house, she would only be liable for half-rent plus all of the taxes, insurance and maintenance. If they can't agree, the court may order the house sold and the money divided up. To clear title, a title company can help or call an attorney.
Re: Property of deceased family member
First, without a will the deceased gentleman's heirs at law take title to the property. That may or may not have been your mother. Assuming it was your mother, when she passed without a will, her heirs at law take title and that is probably at least your and your sister (and any other siblings). Powers of attorney expire at the death of the person giving the power of attorney. If you need a lawyer or a title company, my web site is http://www.reasonable-doubt.com
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
