Arlington, TX asked in Real Estate Law for Texas

Q: We were deeded a home by a friend before she died, deed in our name. how long does family have to remove contents?

My wife and I were the caregivers for an elderly widow who passed away on June 5th. Our friend signed her home over to us on March 25th utilizing a Texas General Warranty Deed but we didn't file it right away because while she needed assistance she wasn't ill and we didn't anticipate that in a few weeks she would be dead. We finally filed the deed on July 8th and on July 19th the tax records were updated showing us as the owners. We have not entered the home since she died nor tried to take possession but it's been three months now and the property needs attention. We've had no contact whatsoever from the family/estate (they want to contest our ownership). At what point is it ok for us to change the locks and remove the contents of the home to storage? How long do they have to remove her belongings? Can we go ahead and move in if the deed is clearly in our name?

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1 Lawyer Answer
Tammy L. Wincott
Tammy L. Wincott
Answered
  • San Antonio, TX
  • Licensed in Texas

A: Until the deed is invalidated, it appears you are the legal owners of the house and have a right to take possession. I suggest taking pictures of all the contents and the house, etc. in the event you may need them later. Keep an inventory of all contents.

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