Q: Executorship of my Aunt's estate passed to my deceased father. How do we pass ownership of her home to her kids?
After my aunt passed away, her will declared her brother-in-law as executor. however, he was in a nursing home from a stroke. So my father took over, but he passed away and the burden was left with my brother who is now in ICU after having a quadruple bypass. Houston is fixing to flood the neighborhood (tonight) where my aunts house is due to the recent flooding. My cousin (her son) is currently living in her home and we don't know what sort of problems this may cause since the house is still in probate(?) and my brother cannot really handle this problem for them at this time as he is in ICU after a bypass surgery. Hence, my attempt to help them solve this problem since it is rather time critical. Will they lose the home? They've been given today only to get what they need out of the homes before they flood the area. Is this as simple to resolve as filing an affidavit of heirship? I believe that the home is the only thing that their mom had of value to pass on. There wasn't any money.
A: I'm sorry about all of the health troubles and then the flooding. I'm not clear if the estate was ever in court for probate where your father or brother were named by the Judge as executor. If this isn't the case then an affidavit of heirship proceeding may be needed; however, it sound like other issues are present as well. I suggest you seek a free consultation with an attorney that can give you the correct advice. Stay safe.
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