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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 110442
Experience:  Experienced in Trust and Succession Law, including Louisiana Laws
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My grandfather is deceased. He has a home in Monahans, TX

Customer Question

My grandfather is deceased. He has a home in Monahans, TX where my mother was raised. My mother is the only surviving child of his. He remarried after his wife passed but has no children with her & she is also deceased. I have my mother's Real Estate Power of Attorney to act on her behalf. She would like to have the property put in her name to try to sell it to help pay for her healthcare. She is bedridden & cannot travel. She has had mail delivered there for a year & we also have deadbolt locks on the doors & No Trespassing signs. We were told it has to go thru Probate. What all do we need to do to acquire this property? I also have birth & death certificates for my grandfather & my mother's birth certificate.
Submitted: 4 months ago.
Category: Estate Law
Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Unfortunately, what you would need to do is file for probate, you would need to use a local attorney for this probate as your mom is not able to file this herself and even as power of attorney you cannot file a legal action and represent her, she would need to be represented by an attorney with you as PoA. You would need to have the death certificate of your grandfather, a copy of the deed of the property, your mom's birth certificate. You also need to provide a list of any potential heirs, which means his surviving spouse as well, since she is potentially going to be entitled to a share of the house absent a will to the contrary.
Because your mom is not capable of representing herself, you as PoA only have the right to engage legal counsel to represent her to file probate to get the deed changed into her name.