Cuero, TX asked in Real Estate Law, Landlord - Tenant, Probate and Small Claims for Texas

Q: How do i evict deceased father's live in girlfriend from his home?

My dad passed away today. He has had a live in girlfriend for 9 years. They have separate accounts and not common law. She does help pay for some bills once in a while. How do his kids evict her since the home is 100% in his name.

2 Lawyer Answers
Terry Lynn Garrett
PREMIUM
Answered

A: File an eviction action in your local Justice of the Peace Court. If necessary, get the sheriff to enforce it.

A: You will need to probate his will first, if he has a will. If he has no will, then you'll need to do a "determination of heirship." Either way, you'll either want or need a probate attorney to assist you.

After the above is completed, you can file for eviction.

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