Del Valle, TX asked in Estate Planning, Real Estate Law, Civil Litigation and Landlord - Tenant for Texas

Q: What's the best course of action when the execurtor and applicant is removed from the probate and wit of possession pen

Two cases still are pending,1. Wit of possession and 2 Trespass to try title,the plaintiff presented death certificates to life insurance company then executor and applicant was removed by the courts own motion.C-1-PB-10-001742 and C-1-CV-18-009261,Case summary shows rent ordered and a default judgement by court staff,two citations issued by the State of Texas with affidavits attached.

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

A: The best I can tell is that Plaintiff is either entitled to be named administrator/executor and/or Plaintiff was seeking to remove someone from a home that they were not legally entitled to possess. I'm uncertain if Plaintiff prevailed in Suit to Quiet Title, but since the court issued a Writ of Possession I'm presuming the plaintiff prevailed and now the constable is going to serve the defendant with the Writ of Possession that says something to the effect of we will be back in either 24 or 48 hours and will physically remove you from the property. They will then be there on standby as the defendant's possessions are removed by third parties (someone paid by the plaintiff) to be moved to the front curb or if the weather is inclement to be stored for a period of time with the Defendant incurring storage fees. I could probably provide more information is you provided the name of the parties and/or case number and county. I searched two counties and could not find the case.

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