Estate Law Questions? Ask an Estate Lawyer.
Hello, and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today.
Are you trying to become executor of an estate of someone who has passed away?
If so, did they leave a will?
My mother is in a nursing home, and does not have a will, power of attorney, or exect of her estate, or medical power or attorney.
Is she "competent"? In other words, does she understand what is going on around her, what property she owns, etc?
Yes she is to a certain point. She has dementia, but refuses to do anything!
And what exactly are you wanting to do?
Becoming an executor to an estate only occurs after someone passes away.
My hands are tied. I need to be able to handle her affairs for my brother, sister, and myself.
If you need to handle her affairs while she is still alive you have only two choices in Texas.
What are they?
The first is a Power of Attorney. She has to give this to you and it is just a form that has to be filled out and her signature notarized. It allows you to conduct all of her business for her.
The second is a guardianship which is a formal lawsuit in Texas through the probate courts. That is different from a POA because the court has to decide she is not competent to care for herself and/or her business and the court then appoints you as guardian and no longer allows her to make decisions for herself.
To pay her taxes on her house, or to sell her house witch needs a lot of work. New roof, floors, sheet rock, and painting inside and out. I ?would have to go to court
She could authorize you to do all of that with a POA assuming she is competent. If not then you would have to go to court to get the guardianship and you would need a lawyer to help you because guardianships are extremely difficult.
Can you recommend a attorney in Rockport, Texas?
We aren't allowed to give specific referrals but if you go to www.lawyers.com and look for one whose area of practice is Probate Law you should be able to find one pretty easily. That website allows you to search both by area of law and by location.
Okay, Thank you!
You're very welcome. Best wishes to you and your mom. Please don't forget to leave a Positive Rating (of course I'd suggest Excellent) by clicking on a rating or a Smiley Face below so I get credit for my work. The experts only get credit from the website when you issue a Positive Rating.