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Christopher B, Esq
Christopher B, Esq, Attorney
Category: Estate Law
Satisfied Customers: 2677
Experience:  Litigation Attorney with education focus on estate planning and tax
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Sister A dies without a will. Owns four houses. Her sister

Customer Question

Sister A dies without a will. Owns four houses. Her sister had a power of attorney to care for her finances and medical care. She is told can not administer sister's affairs b/c needed a durable power of attorney. Sister A is survived by one son who is said to be borderline special needs.What can Sister B do if anything to administer her sisters affairs. Sister A wanted Sister B to administer her affairs but due to unexpected passing nothing is in writing.
Submitted: 3 months ago.
Category: Estate Law
Expert:  Christopher B, Esq replied 3 months ago.

My name is ***** ***** I will be helping you today. Thank you for your question and for using just answer.com.

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.

My name is ***** ***** I will be helping you today. Thank you for your question and for using justanswer.com.

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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Customer: replied 3 months ago.
I should have explained to you that the son is in his thirties will that pose a problem if he has not been adjudicated incompetent and decides he wants to administer the estate?
Expert:  Christopher B, Esq replied 3 months ago.

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.

Customer: replied 3 months ago.
What must the son do to get the process started? Generally speaking, what has to be filed in order for son to obtain legal title to the properties and bank accounts and how does he pay her debts? Thank you.
Expert:  Christopher B, Esq replied 3 months ago.

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

Expert:  Christopher B, Esq replied 3 months ago.

Just checking back, do you have any further questions?

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