QUESTION
If property is still in the decedent’s name can the property be sold if all the heirs refuse to sign. Fourteen hegira but 2 refuse to sign. No will.
Asked on Sep 29th, 2021 on Wills and Probate - Texas
More details to this question:
Mom is deceased; eleven children; 2 deceased. Total of 5 children of deceased siblings. House has a reverse mortgage loan owed. Trying to sell house to pay off loan but 2 of my siblings deceased children are estranged from family so they refuse to sign. Deed is still in parents name. Mom left no will.; died 8-5-2021 and father died in 2007. I had mom’s power of attorney.
1 ANSWER
Estate Planning Attorney serving Addison, TX
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Without a court order vesting title to the various assets in the legitimate heirs, no one can do anything except wait for the taxing authorities to foreclose or the reverse mortgage holder to take the property.
The power of attorney you refer to was revoked by operation oflaw when your mom or dad (whoever signed it) died. IT is now worthless.
Answered on Oct 04th, 2021 at 9:58 AM