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LegalGems
LegalGems, Attorney
Category: Estate Law
Satisfied Customers: 7438
Experience:  Private Practice; Elder Law Attorney; Estate Planning; Attorney Mentor
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I was POA elderly lady and a half years.

Customer Question

I was POA for an elderly lady for two and a half years. After cancer of the colon, a stroke, heart problems, and dementia, Marie was bedridden for over one and a half years. Her wish was to die at home rather than a hospital or assisted living so her Caregiver moved in with her. Marie was under "Visiting Physicians'" care and never left her bedroom for almost two years. Grace Hospice took care of her the last year.Marie passed away in January at the age of 91 without a will because she couldn't decide who she wanted to inherit her home. We have exhausted all avenues trying to find a relative.The house is still in Marie's name with no one else on the title. I understand in Texas there's a law saying a house cannot be given to a Caregiver. My question is how can the title be changed without Marie's signature? Who could negotiate the price and where would the money go? I would like to avoid the house going to the State of Texas if at all possible.
Submitted: 7 months ago.
Category: Estate Law
Expert:  LegalGems replied 7 months ago.
Once the owner of real property passes away, no one has authority to change the title to the house. To do so would be a fraudulent transfer. Any person can petition the court to be appointed personal representative of the estate; this person would, if approved, be given "letters testamentary" authorizing them to collect and dispose of estate assets. If there are no heirs, then unfortunately the property would "escheat" to the estate. Generally the personal representative will do a search (often hiring a private investigator) to locate an heir - basically they go down the list of descendants, then back up through the parents, aunts, uncles, etc until a distant blood relation is found; if none, then it escheats. According to the following statute, the personal representative is entitled to compensation in the amount of 5% of the value of the estate.That statute is here:http://www.statutes.legis.state.tx.us/Docs/ES/htm/ES.352.htm Further questions? Please post here to continue the chat. Satisfied? Kindly rate positively so I receive credit for assisting you.(no additional charges are incurred). Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.
Expert:  LegalGems replied 7 months ago.
Thank you for using Just Answer.I hope the information provided was useful.Here is a link to the bar association's legal referral site:http://apps.americanbar.org/legalservices/lris/directory/Should you have further questions please post here; otherwise kindly--- Rate Positively---so the site credits me for assisting you.Thank you and take care!

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