Burleson, TX asked in Landlord - Tenant, Probate and Real Estate Law for Texas

Q: I am living in a home owners both died, in court over property rights utilities my name, 90days occupied. Gt CTed legal?

I found all the paperwork the deed the title and the living will of the previous owners that are deceased we have made improvements to the property and they've had no problem out of us all of a sudden we got ct'd even though all the bills are in our name they told us to move out immediately is it that legal

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Landlord Tenant Lawyer
  • Sacramento, CA

A: Based on the information you've provided, it sounds like you are dealing with a complex legal situation involving property rights and occupancy after the homeowners' deaths. While I can provide some general information, it's important to note that laws can vary by jurisdiction, so it's best to consult with a local attorney who specializes in real estate and probate law for specific legal advice tailored to your case.

In general, when homeowners pass away, their property is typically transferred to the beneficiaries named in their will or, if there is no will, to their heirs based on the state's intestate succession laws. If you are not a named beneficiary or legal heir, your right to occupy the property may be in question, even if you have been paying utilities and making improvements.

The legal process of transferring property ownership after the homeowners' deaths is called probate. During this process, the court oversees the distribution of assets and resolves any disputes. If someone with a legal claim to the property (e.g., an heir or beneficiary) wants to take possession, they may have the right to ask you to leave, even if you have been living there and paying bills.

However, the specific circumstances of your case, such as any agreements you had with the deceased homeowners, the length of your occupancy, and the laws of your jurisdiction, could impact your rights. It's essential to gather all relevant documents and seek legal counsel to protect your interests and determine the best course of action.

In the meantime, it's generally advisable to comply with any court orders or legal notices you receive to avoid further legal complications. Your attorney can help you understand your rights and options moving forward.

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