Houston, TX asked in Civil Litigation and Real Estate Law for Texas

Q: My self and my wife own a property with an in law and now his son is claiming power of attorney with no proof.

We are currently trying to sell the property but we can't get a hold of the in law and his son is the only one who knows where he is none of his family has seen or talked to him in 8 months and now his son claims his father gave him power over his affairs and won't show documents stating the change he just came out of nowhere 6 months ago and is now holding up the sale of the property and demanding 50% of current value even though there is a verbal recorded agreement with his father for 20000 now the house is worth over 100000 due to they money spent by us to make the house liveable everything is on halt and his father has disappeared and we have a baby due in a month and need to sell so we can move we really need help

1 Lawyer Answer

A: You are in a tough position.

I would want to see the deed which gave you and your in-law the property. If the person has Power of attorney they would show it to you. A power of attorney can be rejected by the maker at any time, if that matters here.

While you can sell your interest in the property, unless all the owners sign for the sale of the property, no Title Insurance Company or bank, will authorize the sale of the property. So you can try to sell your interest, which may not be easy to do, or, you can do a search for your in-law, or, file a lawsuit to get the court to allow you to sell and keep a portion for the in-law. The lawsuit would cost you between $5k-$10k.


I can find anyone with a system I have to track people. However, very few people have access to such a system.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.