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RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 40993
Experience:  Texas lawyer for 30 years in Estate law
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If the named executor does not step up and to open the will

Customer Question

If the named executor does not step up and to open the will or do probate and the alternate executor does not step up and it has been 7 months now since the person died, the alternate is the mother of the heir to the estate and nothing has been done. Where does the liability lie?
I bought and paid for the mobile home and land through the power of attorney before the person died, I got titles to the home, but the quit claim deed for the land was filed the day after his death, but all my receipts are from before the death. County records show it as mine.
I hired a real estate lawyer and after 3 months he has yet to accomplish anything and has given me until this Fri to release him and he is willing to return my $2500 retainer.
The lawyer wants the executor to open probate, he doesn't want to, their is no money or assets, just bills. The only assets would be the mobile home where the friend of the deceased and her 3 children live in, the youngest of which is the heir. The child is not really the deceased mans child, but he did put his name on the birth certificate as father, 3 years after the birth, knowing he was dying of cancer and wanted the child to get his SS survivor benefits and default the SS system.
I did try to evict her 4 months ago, but because she doesn't rent from me and her lawyer said I filed a fraudulent quit claim deed, I haven't been able to get her out, so I hired the lawyer and he has helped.
I have paid off the mobile home and land, paid park fees, bought home owners insurance, paid the property taxes, doesn't it sound like I have some chance of winning this case and getting possession of the property?
The power of attorney and named executor was a 50 year friend of the deceased. He did not know he was going to be either of those until right before the death. I also am a friend of both of them. The deceased asked me to take over his payments, as I had some money and the people living there didn't and couldn't take over payments unless the minor child (heir) would have gotten the SS benefits. I have been told the mother hasn't even applied for the benefits because she knows it is fraud, because he really isn't the real father, but they did do legal paperwork says he was.
That's a lot to swallow and I can give more details if needed.
I just would like to know which way to turn. I don't think the lawyer has been on side and now he is willing to give up and I feel it is the right thing to do and find a lawyer that will go to court and fight for my right.
Thank you so much for taking the time to read this and any advise you may offer.
Submitted: 1 year ago.
Category: Estate Law
Expert:  RayAnswers replied 1 year ago.

Hi and welcome to JA.Ray here to help you today.

You can certainly file a suit to quiet title.This is the legal means to have the courts award you legal title free of any claims or liens.

If your lawyer will, refund your money take it and find a new lawyer here that will file such a suit to quiet title.That is the means here to move forward since there is no probate and no executor to quit claim you the property from the estate.

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A quiet title action is a lawsuit that is brought in circuit court to clear a party’s title to real property. The purpose of a quiet title action is to eliminate all claims to title, which might stand in the way of a title insurance company issuing a clear title insurance policy. Here it is questionable if title was transferred while the person was alive and therefore the deed was valid.So a suit to quiet title wil fix this and resolve it.Then you are free to evict any tenants living in the property.

Expert:  RayAnswers replied 1 year ago.

Thanks for letting me help you today.Please let me know if you have more follow up.Thanks again.