Legal Question in Real Estate Law in Texas
Real Estate/Trust
My maternal grandfather has been in ownership and caretaking property which his only living child,my uncle,has attempted to sell;my grandfather is now residing in a nursing home,and I have paid taxes on the property for the last three (3) years;as a sidebar,myself and my brothers all lived in the house,as did my mother and great-grandmother (both now long deceased,the latter being original owner of deed);What recourse do my brothers and I have to prevent sale and keep the house and land in the family?
1 Answer from Attorneys
Re: Real Estate/Trust
Based on the facts as you have stated them, more information would be needed before I could offer specific advice. Generally, however, unless Uncle does not have a signed power of attorney or a court order authorizing him to act as Grandfather's agent, then Uncle does not have authority to sell the property. There are things you could do to protect your interests. It would probably be best to get an attorney involved. Further, to fully protect your interests, it would be important to review and consider the effect of Grandfather's will. My firm could help you if you need counsel.