Stamford, TX Estate Planning Law Firms & Lawyers

First, your father's estate must be probated by a Court heirship proceeding, small estate affidavit or Affidavit of Heirship, passing his interest to your mother (if all his children are her children). Second, if your mother lacked legal capacity to contract when she "sold" the lots to your sister, report elder exploitation to Adult Protective Services. Third, if the person who purchased from your sister did not know all this, your remedy is to sue your sister for the money she got from selling the lots. You may be eligible for free representation through Volunteer Legal Services or discounted representation through the Modest Means program of Lawyer Referral Service in your area or through a clinic at a nearby law school.

Whether he can do this or not depends on what the power of attorney says. Most POAs say the attorney in fact cannot benefit himself/herself. You need to have an attorney review the power of attorney so your husband doesn't get himself in legal trouble.

If the owners of the property are joint tenants with rights of survivorship, you will need all signatures to sell. If one person will not participate, your only recourse may be to go to Court. If they are tenants in common, each person can sell their own share without the signature of anyone else. If one of these provisions does not appear on the deed, then it is considered tenants in common.