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.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- Texas
- (972) 467-3960
- View Profile
- Answered
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.
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.
