Estate Law Questions? Ask an Estate Lawyer.
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It does not matter if sister B has a POA or a durable POA, these are only valid during life. At death they are extinguished. Sister B can petition the court to administer the estate especially if the son is special needs, Unless there is a spouse or another child that would be more appropriate then there should be no problem getting sister B appointed as executor when probate is initiated and the estate distributed.
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No you cannot, these are all self help remedies and are expressly forbidden. If you supplied these things at the beginning of the tenancy, you cannot turn them off in order to try and force the tenant out and you can get in a large amount of trouble and be fined by the courts. You can simply give the tenant notice to vacate and threaten eviction, if the tenant refuses to leave, then there is nothing else you can do besides file the eviction. If you do not have the funds then you are in a bind. That is the only way to force a tenant out.
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Then you might have a problem if he is not considered incompetent. You could probably explain the situation to the court if he has certain limitations, and you could present any evidence of that but he would technically be in line before you.
Basically, probate simply has to be initiated. The Judge will then appoint an executor and that is when the process will begin. This will give the executor legal basis to gather assets and get an accounting of the estate. See link describing the process before and how to initiate: http://www.wikihow.com/Probate-an-Estate-in-Texas
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