Asked in Small Claims, Landlord - Tenant and Probate for Texas

Q: Not sure what type of law my case falls into.

my uncle served me with an eviction notice to move out my grandmothers house who passed away 3 years ago. Im not sure what documents he has because he is a half uncle that has never had any ties to my grandparents nor the house. my mom and aunt were the only two that my grandmother passed the house on to. My aunt and mother have given me permission to live here.but my uncle is trying to evict me claiming the house was passed on to him.so not sure if its eviction law or what kind of law or what kind of lawyer needed for this case

2 Lawyer Answers
John Michael Frick
John Michael Frick
Answered
  • Frisco, TX
  • Licensed in Texas

A: It squarely falls within eviction law from your perspective. You definitely need your mom and aunt to appear in court to show they inherited the house from your grandparents and to state you have permission to live there. Your grandmother’s probate record ought to clearly establish who inherited the house. These are public records your mom and aunt should have and you can readily get from the probate court in which your grandmother’s estate was probated.

Tim Akpinar
Tim Akpinar
Answered
  • Little Neck, NY

A: The eviction involves landlord-tenant law. The matter of ownership involves probate law. Good luck

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.