Selling Real Estate that Contains Abandoned Personal Property

[wickidbutterfly]

My question involves real estate located in the State of: Texas

My mother passed away 4/29/2010 and the house that I currently live in was in her name. After she died, my father, had his name put on the house, but it was the Estate of (mother's name) and his name. He and I had a verbal agreement that the house would go to me because he stated that he needed time away after her death. He left May 2010 and has not been back. He made his home in Oklahoma for about 5 months and then moved back to Texas, but not back to our family home. My name is not on the title, but I have decided to sell the house because when he left me the house he also left me with their 7 years worth of back taxes (which I cannot pay). He has not come to get any of his belongings and my question is does the State of Texas consider his property abandoned and what can I do about selling the house (which again, he has give me verbal confirmation of being able to do so) without him being present? Would he have to sign over power of attorney?

[SChinFChin]

My question involves real estate located in the State of: Texas

My mother passed away 4/29/2010 and the house that I currently live in was in her name. After she died, my father, had his name put on the house, but it was the Estate of (mother's name) and his name. He and I had a verbal agreement that the house would go to me because he stated that he needed time away after her death. He left May 2010 and has not been back. He made his home in Oklahoma for about 5 months and then moved back to Texas, but not back to our family home. My name is not on the title, but I have decided to sell the house because when he left me the house he also left me with their 7 years worth of back taxes (which I cannot pay). He has not come to get any of his belongings and my question is does the State of Texas consider his property abandoned and what can I do about selling the house (which again, he has give me verbal confirmation of being able to do so) without him being present? Would he have to sign over power of attorney?

You stated YOUR name is not on the title, but HIS NAME is. Legally he is the owner of the house, and you cannot legally dispose of someone else's property if you are NOT legally the owner, no matter how many years of back taxes is outstanding.

Leaving stuff in a house that is legally his is not abandonment.

Legality aside, have you spoken to him lately?? If you and him switched places, and you found out your son or daugher disposed of YOUR property located in YOUR house, what would you say?? My mom and dad used to say to me "in this house, it's OUR RULES, whenever I said the US constitutions says this or that".

Of course you would need his permission, and if you feel better, get a POA. I would never throw away my mom or dad's property without first getting their permission, regardless of what the state of TX says.

And I know people who's taken more than a year to get over the grief of their spouse's death.

[wickidbutterfly]

I have spoken with my father and he stated that I could do with the house as I pleased. My father is not the type to really dispute anything because it's not his nature. He never wanted this house, the only reason why he stayed was because my mother was still alive. I don't have children so I would not ever know what it's like to be in this predicament. However, being the adult that I am, I did, as I stated, talked with him about it and we had a verbal agreement in front of people who aren't even relatives. My father told me if I wanted to sell it, then I could sell it to whomever I saw fit. We have both decided that he is to give me 100% rights to do so and has called and made those arrangements. As I said, he never wanted the house. I already have permission. I had that from the get go. And I'm not throwing it away without permission. I have asked about it, gotten permission, and am doing what I feel is right for me to do. And in this house, it was my MOM'S way or the highway. She's no longer around and my father up and left town and (his grieving, yeah) is already living with someone else. Thanks tho.