kids trying to sell deceased fathers house

[rhyno25]

What is the name of your state (only U.S. law)? Texas

I live in memphis texas and some friends of ours father passed away about 6 months ago. There was no will and none of the kids have a power of attorney. The kids told us that we could pay off the existing mortgage for their fathers house which is 33,000 and the house is worth about 50,000 and they would pay any fees to get the deed transferred into our name. The deed and mortgage are both still in their fathers name. They have drawn up a contract that states all of this and that none of the kids want the house but is this legal or when we pay off the house will the state try to take the house since there is no will and the kids dont have power of attorney?

 

[justalayman]

power of attorney: if there was one, it does not survive death.

Somebody has to open probate so somebody can be appointed or accepted as administrator of the estate. Until this takes place, there is nobody that can legally sign for the estate and as such, nobody that can legally tender the proper documents to sell the house to you.

 

[HomeGuru]

What is the name of your state (only U.S. law)? Texas

I live in memphis texas and some friends of ours father passed away about 6 months ago. There was no will and none of the kids have a power of attorney. The kids told us that we could pay off the existing mortgage for their fathers house which is 33,000 and the house is worth about 50,000 and they would pay any fees to get the deed transferred into our name. The deed and mortgage are both still in their fathers name. They have drawn up a contract that states all of this and that none of the kids want the house but is this legal or when we pay off the house will the state try to take the house since there is no will and the kids dont have power of attorney?

**A: the contract would not be enforceable since the kids are not the legal owners of the property. Only the estate at this point would be the legal entity to sell the property which would need probate approval.