Fort Worth, TX asked in Real Estate Law for Texas

Q: My dad owned my familys home till he passed away He did not leave a will Can someone evict a current resident?

No legal resident has ownership at this time and the house is still in his name.

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1 Lawyer Answer
Anthony M. Avery
Anthony M. Avery
PREMIUM
Answered

A: The Decedent's heirs at law own the property. Any heir as a tenant in common has standing to file an eviction action to recover possession of the property. An Affidavit of Heirship being recorded would help establish standing in Court.

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