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1997-Parents bought property in TX, 2006 Father died; Mother, living in a long term rehab in NM, brother in NM, has legal guardianship/conservatorship over her; when FA died house in TX left to me and my mother, FA's will not probated; I am trying to sell the house now; Title company says mother has to sign a deed; since she is somewhat mentally incapacitated, what do dI have to do to sell this house as TX is not recognizing my brother's legal guardianship/conservatorship in NM
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Wills and Estate Planning Attorney serving Sugar Land, TX
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Law Offices of Kimberly D. Moss, PLLC
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You should have a talk with your mother about creating a durable power of attorney which would allow you to act on her behalf. A power of attorney is an instrument that authorizes an agent to act on behalf of an adult person. For more information, please go here: http://texasguardianship.org/guardianship-information/guardianship-alternatives/
This is a much more cost-effective way of managing your mother's affairs than a guardianship proceeding. Once you get the POA for your mother, make sure to have it filed in the real property records of the county where the house is located so that the public is on notice that you (or whoever she appoints) has the right to transfer interest in her real property.
Answered on Aug 27th, 2013 at 10:54 AM