Dallas, TX asked in Estate Planning, Civil Rights and Probate for Texas

Q: Us nysone allowed to kick me out of the house I e lived at fir 22 years after my. Nother passed away and left him the ho

I've lived there with my mother for 22 years and I'm disabled, but she left him the house? Can he make me leave?

1 Lawyer Answer
Ronald Lee Baranski Jr
Ronald Lee Baranski Jr
  • Estate Planning Lawyer
  • Allen, TX
  • Licensed in Texas

A: I can only focus on the Estate planning/probate portion of your question. If read it correctly you lived in this home with your mother for 22 years. I'm assuming your mother passed away and let me first say I'm so sorry for your loss. I lost my mom 2 years ago and it's hard enough dealing with that than facing this issue. The important information that is missing is did your mother have a Will? Did it give the home to your brother? Has a probate case been opened? If she had a Will and left the home to your brother, but no probate case has been opened the Will has no legal effect. A Will only becomes legally effective once a probate judge provides evidence that proves the Will follows the formalities of Texas. At that point, the Executor (person handling the affairs for your mother's estate as dictated in the Will) would be given Letters Testamentary and he or she would have the legal ability to deed the property from your mother to your brother. If this is just based on what a Will says, but no probate has taken place then generally he would not be able to force you to leave the home. He can't physically make you leave he would need to file an eviction suit with the local JP court and have notice served on you. In the event was no probate then he would not have the ability to prove his ownership of the home. Bear in mind I'm working from a small amount of facts and may make some assumptions that are incorrect. Ultimately you would need to consult with a local attorney and give over these details to get a more accurate answer. The key here is whether a probate case took place. If not then I would think you have as much legal right to possess the property as your brother does.

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