Heirs and Bankruptcy Drama in TX - Landlord Forum thread 317515

Heirs and Bankruptcy Drama in TX by Anonymous (TX) on April 15, 2014 @12:38

My father passed in 2011. My niece had Power of Attorney over my mother and moved into her home while she was in a nursing home. My mother passed in early 2014. Niece paid taxes and refuses to move out of home and has filed Chapter 7 Bankruptcy. There was no will by Dad or Mom. There are 9 heirs between the two of them. The niece is NOT an heir. The heirs want to sell the property, but need to get the niece out to put it on the market. Based on what I've read--she is a "tenant" and we must go through the "30 day (?) eviction process" to get her out. But she is protected by a Chapter 7 Bankruptcy "stay." She filed bankruptcy 7 months ago and the case just shows as open. What do we do to get her out?

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Re: Heirs and Bankruptcy Drama in TX by Bill on April 15, 2014 @13:05	[ Reply ]

What do you do to get her out? Ask the lawyer who is handling the probate.

Re: Heirs and Bankruptcy Drama in TX by Garry (Iowa) on April 15, 2014 @14:12	[ Reply ]

You really need to talk to an attorney about this. Your story is far too complicated for any of us LLs to give you answers.

Re: Heirs and Bankruptcy Drama in TX by Anonymous on April 15, 2014 @18:39	[ Reply ]

Why did she have power of attorney and not any of the heirs ? Greedy undeserving heirs maybe ? I have a few myself that think they will get money from my properties when I'm gone.

Re: Heirs and Bankruptcy Drama in TX by arky joe (tx) on April 16, 2014 @19:32	[ Reply ]

There is a difference tween power of attorney and administrator/executor. As power of attorney she has no right to hold property but then again you don't either yet. Sorry your parents didn't leave a will that is a big no no. As far as heirs are concerned the courts will determine it it may be that the niece is one. You don't know. How do you know all 9 people want to sell? Anyway before you start talking about eviction you need to determine an owner and ownership is not clear by what you've written. You are of course assuming there was not some sort of joint tenancy or something in place. You're an possibly uninformed. You need a lawyer not a LL

Re: Heirs and Bankruptcy Drama in TX