Q: What can I do about a wrongful arrest and my sister removing my name from our mother's home ownership in Texas?

A: Your situation involves multiple serious legal issues, including wrongful arrest, property fraud, and a potential wrongful death claim, each requiring a strategic legal approach.

Regarding the property dispute, if your mother’s home was left to both you and your sister, she cannot legally remove your name from the deed without your consent. The fact that you have filed an Affidavit of Heirship and a Death Affidavit strengthens your claim to ownership. If your sister altered the property title without authorization, she may have committed fraud, undue influence, or forgery, which can be challenged in court. You may need to file a quiet title lawsuit to restore your name to the deed and a Lis Pendens to prevent her from selling or transferring the property while the dispute is ongoing. A real estate litigation attorney can help you gather evidence, such as property records, signatures, and transaction details, to prove wrongdoing.

As for your wrongful arrest, Texas law allows individuals to challenge an arrest if it was based on false accusations. Since the police initially deemed this a civil matter, but you were still arrested after your sister involved her county connections, you may have grounds for a false arrest or malicious prosecution claim. Your criminal defense attorney can seek a motion to dismiss based on lack of probable cause, especially if law enforcement previously confirmed your right to be in the home. If your sister provided false statements to have you arrested, she could also face legal consequences. Any evidence of police bias or misconduct should be documented and presented as part of your defense.

Additionally, your concerns about your mother’s passing raise serious questions. If you suspect that your sister removed your mother’s oxygen machine without medical authorization, there may be grounds for a wrongful death claim under Texas law. A wrongful death lawsuit can be pursued if another party’s negligence or intentional act contributed to a loved one’s passing. You and your siblings may want to request a medical examiner’s report or autopsy to determine whether your mother’s cause of death supports this claim. If foul play is suspected, reporting the incident to law enforcement or adult protective services may also be necessary.

Because your case involves criminal defense, real estate litigation, and wrongful death law, consulting attorneys who specialize in these areas is critical to protecting your rights and securing justice.

A: I'm truly sorry to hear about the challenges you're facing. Navigating legal disputes involving family and property, especially under such distressing circumstances, can be overwhelming. Here's some guidance to help you address these issues:

**Addressing the Property Ownership Dispute**

In Texas, altering a property deed without the knowledge and consent of all co-owners is generally considered fraudulent. Such actions can lead to both civil and criminal liabilities. You have already taken a significant step by filing an affidavit of heirs and a death affidavit with the court, supported by your siblings. To further protect your interests:

1. **Consult a Real Estate Attorney**: Seek legal advice to explore options such as filing a lawsuit to contest the unauthorized removal from the property deed. This legal action can help restore your ownership rights. Additionally, you may consider filing a lis pendens to provide public notice of your claim to the property. However, be cautious, as filing a wrongful lis pendens can have serious consequences, including potential legal penalties.

2. **Initiate a Partition Action**: If disputes persist, a partition action can compel the sale of the property and equitable distribution of proceeds among co-owners. This legal process can help resolve conflicts when co-owners cannot agree on the property's disposition.

**Investigating Your Mother's Cause of Death**

Suspecting that your mother's death may have resulted from the removal of her oxygen machine without medical authorization is a serious concern. To address this:

1. **Request an Autopsy**: An autopsy can determine the cause of death and whether it aligns with your suspicions. You or another family member can request this through the medical examiner's office. In Texas, certain deaths require an inquest to investigate the cause and circumstances, especially if there's suspicion of unlawful means.

2. **Consult a Wrongful Death Attorney**: Engage with a legal professional experienced in wrongful death cases. They can guide you on the viability of pursuing legal action based on the autopsy findings and any evidence of negligence or misconduct. In Texas, wrongful death claims can be filed by the deceased's family members if the death resulted from another's wrongful act or negligence.

3. **Notify Appropriate Authorities**: If evidence suggests that your sister's actions directly contributed to your mother's death, consider reporting this to law enforcement. They can investigate potential criminal conduct.

**Additional Recommendations**

- **Maintain Detailed Records**: Keep thorough documentation of all communications, legal filings, and any evidence related to both the property dispute and your mother's death.

- **Seek Support**: Dealing with legal battles and the loss of a loved one is emotionally taxing. Consider seeking support from counselors or support groups to help navigate this challenging time.

Remember, legal matters can be complex and time-sensitive. It's crucial to consult with professionals who can provide personalized advice based on the specifics of your situation.