Denver, CO asked in Estate Planning, Real Estate Law, Landlord - Tenant and Probate for Texas

Q: Harris County TX.non-relative squatting in Deceased Parents house.How can I kick him out & Charge back rent?

Mother died 2019. No will or executor of the estate.

I started Probate (June 2020) on her estate because of the obvious fraud and concealment taking place by Stepdad.

Stepdad died in August 2021. So far the probate has gone nowhere, because the attorney I hired was either incompetent or in collusion with step dad. I put in a motion to dismiss the attorney I hired 1 1/2 Years ago because he failed even issue one subpoena during that time. I am the only surviving child of my mother. The snake my parents trusted as their pastor decided he'd move into their house when my step dad died in August. I moved out of state because of the obvious attempts on my life during that time. Since I moved, I have seen that snake in this state in my vicinity at-least 2 times. He knows where I moved to and as made no attempts to contact me about giving the me house, instead he moved into it. How can I remove him from the house, charge back rent, and prosecute him for stolen items?

1 Lawyer Answer
Teri A. Walter
Teri A. Walter
  • Houston, TX
  • Licensed in Texas

A: The status of the probate case is not clear, but before anyone can do anything with the house, two things have to happen: 1) There must be someone appointed to represent the estate - if there's no will, that means you need an administrator appointed. 2) The administrator would have the authority to remove someone that is living in the house without authorization, or should transfer the property to the proper heir(s) who would then be able to take appropriate action to remove someone from the house.

Also, a motion to dismiss doesn't have anything to do with which attorney is representing you. If you aren't getting good representation from your current attorney, and can't work things out, you can hire a new attorney and they will file a motion to substitute counsel with the court.

1 user found this answer helpful

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