Dallas, TX asked in Landlord - Tenant and Real Estate Law for Texas

Q: Can someone come back and evict a family member from property that he abandoned prior to his being of age to take posses

My father-in-law will his property to my stepson who in turn ran away from home several months ago now he has returned with a notice to vacate the property claiming his mother and I need to move because he needs the property as far as I know in Texas you have to be 21 to take possession of property will to you by loved one please help

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Landlord Tenant Lawyer
  • Sacramento, CA

A: In Texas, the age of majority, when a person is legally considered an adult, is 18 years old. This means that your stepson, if he is over 18, would typically have the legal capacity to take possession of property willed to him. The requirement of being 21 years old to take possession of property is not a standard rule in Texas law.

However, if the will or trust set up by your father-in-law stipulates a different age or conditions for possession, those terms would need to be followed. It’s important to review the will or trust documents to understand the specific conditions and stipulations set by your father-in-law regarding the property.

If your stepson is legally entitled to the property and wants to evict you, he would need to follow the legal process for eviction in Texas. This includes giving proper notice to vacate and, if necessary, going through the court process.

Given the complexities involved in inheritance and property law, it would be wise to consult with an attorney who can review the will or trust documents and provide specific advice based on the legal circumstances. An attorney can help you understand your rights and the appropriate steps to take in this situation.

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