The big question is what kind of, if any, purchase agreement was signed? I'm not familiar with lease purchase but it sounds like what's called a contract for deed around here. That should lay out the purchase terms and consequences for late or non-payment.

Can't speak for Texas but in Minnesota a power of attorney dies with the person. It would take the personal representative of the estate to handle transfer and disposal of estate property.

"obviously the person he sold it to hasn't paid for it in full or they surely would have changed the deed over by now"
I wouldn't be too sure about that. You'll need to ask your sibling and the buyer some questions. There can be a lot of reasons as to why the title was never transferred. It's even possible that it was never transferred because of the death of your mother.

I would think that since it's the two of you and your mother was widowed and died intestate, that you and your sibling would be the sole heirs to whatever estate there might be, but I won't go as far as to say you can claim the house just because it hasn't been transferred. This is all speculation based on what you've said so facts could change things a lot. It could be a hornets nest developing, or it could be a simple thing. You'll need to ask questions of the people involved who know the situation and then you can ascertain what more you need to investigate. And the sooner the better.

Oh, and the other thing I forgot to add that adds to the urgency of finding out is with the title still in your mother's name or presumably parents names, the estate could be liable for any injury on the property. And if property taxes aren't being paid it can go to tax forfeiture. Penalties rack up quickly around here on unpaid taxes and/or assessments. There's also a possibility of liens on the place too. So that's why I strongly suggest you get busy and find out what's going on. If you do have any potential inheritance from it there's a potential for losing it.

Good luck. Keep us posted.

Thanks cynic.I know that the POA was no longer valid after Mother's death.I have no idea what the terms of the lease/purchase were because I wasn't involved in the negotiation.Don't think my mom was either but that's another story.LOL I do know that property taxes were paid up to 2 years ago.That was the last time I checked.Hadn't thought if the liability aspect or liens.Thanks for giving me something else to look into.

I just checked the Texas law of intestate succession (i.e., where the estate goes if there's no will), and if there's no surviving spouse, the estate is split equally between the children. The question, of course, is whether the house is part of your mother's estate. If the rent-to-own agreement was signed before your mother's death, when your brother had her power of attorney, it will remain valid after her death, provided all the terms of the agreement are met. However, the rent *is* part of your mother's estate. (Of course, your brother can charge against that reasonable expenses for maintaining the house.)

Cynic is right that you need to get answers from your brother and from the people who leased the property, if they're still around. But it seems to me that they may have an incentive to lie. How long has your mother been dead? Has your brother ever giving you an accounting of where the money from the lease goes? It may have gone toward your mother's expenses in the beginning, but is there anything left over? Even if the people are paying, he doesn't get to just keep the money. And what about the tenants - were they strangers, or people you or your brother knew?

If I were you, I would get an administrator (or whatever they call it in Texas) appointed for the estate. (An administrator administers the estate of someone who dies without a will, and is the equivalent of an executor in an estate where someone dies with a will.) Make sure the administrator knows about this situation, and s/he will then go to your brother and ask for an accounting of his actions under the power of attorney.

By far, the easiest way to do this is by hiring an attorney, but I have known people to figure out how to do it themselves, where money was an issue. If you want to do it yourself, try to find a law library and ask the librarian to help you find a continuing legal education publication on wills and estates. They're usually very hands-on how-to.

This may be more than you want to do, I realize. Good luck.

I wouldn't ask for legal advice on a public forum. I would make an appointment with a real lawyer in my state. The Bar Assoc. can give you a referral.

Can't help but have a question: Lilliepad said that because there was no will, there was nothing to probate. Huh? There was an estate (the house). Doesn't the state want taxes based on a appraisal of the value of the house?

dont you have to have deed recorded as sold and pay taxes?

You definitely need to sit down with a lawyer. Not only to find out if you're entitled to any money (rent, purchase price, etc) but to PROTECT YOURSELF. Whether or not the sale went through, you have some problems. If it went through--you're probably due some money. If it went through, you NEED to get that house INTO the BUYER'S name. If it was never completed (and rent-to-own 'sales' are often a way of the owner getting tennants to take better care of the house while they live there. I know one fellow who 'sold' the same house, using 'rent-to-own' to about 5 different people. None of the sales were ever completed, and the guy still owned the house). Anyway, if the sale didn't go through, you not only have a financial interest, but a lot of liability in this case.

You need a lawyer to investigate exactly WHAT the current situation is, what your rights are, what your liabilities are, and then to advise you what you need to do to resolve things. Trust me on this one--the situation you describe is too complicated, and there are too many unanswered questions for anyone here to be able to give you better advice than that. Call your lawyer today, and get in to see him soon.

Oh, forgot to mention--there really isn't enough info in your post to know, but having gone through some family issues that may or may not have been similar, there is also the possibility that there have been some--shall we say--less than legal things done here. I definitely can see some things that may be at the very least irregular. You also need a lawyer to protect your interests, and make sure that YOU don't end up paying for someone else's 'mistakes'.

Before hiring an attorney, I would definitely first check with sibling as far as EXACTLY what is---or has been---going on. It's best to do as much of your own leg-work in advance as possible should an attorney need to be hired, because if an attorney has to do the same thing you could "discover", it can get expensive. "Ducks in a row" so to speak.

Does Texas have an inheritance tax---and to what extent? California currently does not.

Were either or both of your parents collecting Social Security? If so, has that been turned off? I've heard of several cases where the person holding POA just keeps collecting & cashing checks long after a person's death. Check the on-line SS Death SS death index to be sure at least this has been done.

Contact the probate court in your county or district. They will tell you exactly what you need to do. You may or may not have to hire an attorney.

Really, Wine? A least in all California Counties, there is a prominent sign at the County Clerk's Office stating that County employees are not able to give out legal advice, which would include what you are suggesting. I would be surprised if that wasn't the case in all states. That's why people either hire an attorney or research law & represent themselves.

Unfortunately, in some cases, it's just not cost effective to get one's "fair share". (I worked for a probate attorney for many years & saw many estates open & close)). The OP's story is so vague, it's difficult to know if that would be the case in this instance.

I agree that you need first to talk with your brother. Do you and he get along well? No need to cause a problem where one doesn't exist.

I was in a similar situation, with my parent's home and no will.

Won't go into that here, except to say that because they were in Florida and I was here in Virginia, my sister in FL rented the house out, collected rent, etc. I got involved after her death. I'm saying all that to say this: I know my sister paid the taxes, and I don't really care what she did with any other $$ from the rent.

I eventually went to Fl, hired an attorney, and it was all taken care of, including locating the 17 heirs!

Good luck.

Sue

If I were you, I think that, if it's not a major operation, I'd check the house to see whether it's in use. Do you know with whom the original deal was struck? It might be interesting to know whether whoever lives there now is the same people ... and if not, what transpired in the meantime.

If you and your brother get along reasonably well, I think it best to talk to him about where things stand at present.

If the house was actually sold, or a definite contract for such done while your mother was alive, it'll be binding in almost all cases - as long as the original contract is operational. But such a deal with a later buyer would likely not be, if it took place after your mother's death, I think that you'll find.

The more precise information about the situation that you can present to the lawyer, and preferably in writing, for easy filing on his part, at your initial interview, the lower the (rather expensive) costs that you'll incur. Try to have some specific ideas of what you want to know, as well ... and the lawyer will have a number of things to suggest. Make a note of what they are: will he allow you to record your session, as there'll almost certainly be things that took place there that you need to know but will forget. If not, make a few notes while with him/her, and fill them out more completely immediately after the interview.

Do you happen to know someone in your state who's been through a similar situation? It might be a good idea to encourage them to share some information with you (without offering more than rather sketchy information about your situation - enough to get the pump primed, shall we say - if that is your preference).

ole joyful

I alluded to it but didn't specify it, I'd also check with the utility companies and see in whose name the utilities are billed. Also are they current? You could have large overdue utility bills, water, electric, gas, and others, again, worst case scenario, but potential issues. Around here you can check online to see if taxes are paid and in whose name property is listed and who is the named registered taxpayer. Granted, they don't care WHO pays the taxes, only that they're paid, and at this point you wouldn't really care who is paying - rather that they've been paid and don't forget assessments. Usually here you only have a short time to pay them before they're planted on the taxes at a high interest rate.

You'll probably need a lawyer if you want to do much, but again, you should do some legwork for your own satisfaction and knowledge and to save legal fees. The more info you have, the more you can base a decision on whether it's worth the legal fees or you might just want to write it off and not have the hassle.

I hope you keep us posted.

When I did the genealogy search on the man who died in California in 1964 for relatives living in Minnesota, & found the State of California has been holding $6,000 because, at the time of his death, no heirs could be found, the family decided not to pursue the estate, as legal fees would quickly eat up that amount---probably by a factor of 3 or 4.