Texas  |  Wills and Trusts

Legal Question

Asked on: 7/16/13, 6:38 pm

My parents are both now deceased. They have been deceased for over 3 years. They did not have wills. There are 3 adult siblings. In 1999 my parents took out a home equity loan on their home that was paid for. The bank would not give them home owners insurance. The estate was never probated. The heirs received a letter from the finance company saying they are going to auction the home on August 6, 2013. Can the heirs stop the auction of the house until the finance company talks to them. Correspondence sent to the finance company over the years have not been answered and when calling heirs are told they cannot tell them anything. This is in Harris County.

1 Answer

Answered on: 7/16/13, 7:08 pm by David Leon

Yes, you can file for probate and or a temporary restraining order to stop the foreclosure. Time isn't on your side, so you should contact counsel IMMEDIATELY.

You and the siblings will need to work out who is going to do what.

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David L. Leon, P.C. 3500 Oak Lawn Ave., Ste. 205 Dallas, TX 75219

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