Obtaining Executorship of Estate with no will

[jmorales15]

What is the name of your state? Texas

My aunt passed away with no will in place 3 years ago. Her children were minors at the time so I continued to make payments on their mobile home. They have since moved and want nothing to do with the home. I want to buy it outright for other purposes but the mortgage company will not sell it to me. They say I need an executorship of estate. I had the sons sign a form and it had it notarized saying they did not want the house and that I could continue to make the payments but the mortgage company did not recognize this when I sent it to them. How do I obtain this executorship of estate? Do I need the sons to sign this for me?

 

[GaAtty]

GAAtty

You are trying to bypass a lot of steps. The home belonged to your aunt, and when she died her heirs were her children. You are not her child. Therefore no part of the home went to you. That being said, the kids got her part. Now you say they don't want it. The step that is missing is that there had to be a deed that transferred your aunt's ownership to the kids. Then the kids can do the next step, which is do a deed to transfer their part to you. Then the mortgage company will be happy, with a real deed. so you ask, how to do this? Since you are not an heir, you cannot do it, unless the court appoints you as administrator. You can ask the kids to sign their agreement that you be administrator. If they do, then you can, with their agreement, make an administrator's deed transferring her interest to each kid. The kids can then transfer their interest to you.

 

[jmorales15]

Thanks for your feedback. Somehow I was able to convince the mortgage company to send the payment bills to my address and the mail comes addressed "to the Estate of my late aunt". So it sounds like even though I am paying the mortage company her sons are still the legal heirs. Is the deed you mention another word for executorship? Are there pretty standard forms or is this more than likely going to require a lawyer. thanks again.