Dallas, TX asked in Estate Planning, Foreclosure and Probate for Texas

Q: Possible homestead claim void to dishonest actions of estate administrator and conflict of interest

Father in law was named dependent administrator of my late wife's estate and is also named on deed as tenant in common along with his wife and my late wife also. My name not on deed. Bank would not accept my money for mortgage payment since I was not on deed. Requested father in law to take money for payment from me and make payments on mortgage. He refused my repeated attempts to give him money and pay mortgage. Instead placed mortgage in pandemic forbearance in 2020, then into normal forbearance afterwards without my knowledge or informing court. Received notice that forbearance period is over and that past due of $35,000 is now due in full and went to foreclosure. Dependent administrator and his spouse stand to collect close to $100,000 from sale proceeds of house that wife and I paid mortgage on since 2005. He appears to intentionally have done this to validate request for court to order sale of home. My homestead claim will be void through his actions to benefit himself. options?

1 Lawyer Answer
John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›

A: Your best move was to sue him on your homestead claim or intervene in the Estate proceedings.

You still have some legal options, including a lawsuit against your father in law for his malfeasance and failure to manage the estate assets and save the property from fc or waste.

You need to move fast. Get an experienced lawyer ASAP.

Good Luck!

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.