My mom is a few days away from passing away. Per my previous posts, her POAs are her caregiver and caregiver's son. The caregiver's son is also her heir (details suck).
The only asset being left in the will is her home. Months ago she asked that anything my brother and I wanted be marked for ours. Additionally, we are to be the first ones upon her death to gather personal/family things in the home. These requests are in writing, signed by Mom and witnessed by caregiver (also her POA).
It's possible that there will be some disputes here from the heir.
So QUESTION: who is legally/technically the owner of the property until the will is probated?
Since POAs powers stop upon her death, seems like there would be a free window there. Not to despute the will, but to be comfortable otherwise.
Advise, please???? And HURRY. Mom has only days, if that. (This is the largest technical part of this process. Yes, I'm also grieving).
Now comes the sticky part. You seem to have notes that are not part of the Will. Now you need a lawyer to contest the Will. You go to court.
Most Judges will look at the little notes and question whether there was undue influence, whether mom was competent, whether all parties knew about the notes. If the witness is also an heir, a conflict of interest arises.
All that gets very expensive very quickly. So work it out on your own and save a lot of time and money.
TX allows 4 years for probate from when letters testamentary presented. That is a really long time and whomever is the named executor/rix really can control how done. Once its opened notices will be placed in the paper, you then have 120 days to present to court any challenges or debts to the estate. In theory, you can monitor & file on your own but in reality you need to hire an attorney to do this.
If this has been an ongoing issue, why haven't you filed for guardianship?