Q: Can I challenge my stepfather's eviction and claim my inheritance in Texas?
My stepfather is trying to evict me since my mom's passing on March 10, 2025. There was no will in place. I have been paying the HOA fees, repairs, and upgrades for the past 9 years. The house was jointly owned by my mother and stepfather. My relationship with my sister and niece is great, and my mother explicitly said the house was my inheritance. My stepfather has been paying an $800 monthly loan taken out on the house and does not want to continue. I am willing to take over this payment. Do I have any legal recourse to challenge the eviction and claim my inheritance?
A:
There is a lot going on with your question. The basics are that if your mom and step-father have been living in the house together for over a year, and he has no other house to live in, you can not kick him out. He can stay there for the rest of his life, if he wanted.
If you have been living there for over 6 months, and have been contributing and paying for NECESSARY costs and fees, he can not kick you out. Especially if you keep paying the taxes, and other necessary expenses. However, your rights are not as secure as his. Are you sure there is no Will from your mother? You have 2 years (maybe 4) to file and probate her Will if you find it. If you have good credit, you might want to make an offer to buy it from your step-dad, or see if he will let you take-over his Mortgage.
He can sell it on the open market also. It gets a bit tricky for you if that happens.
You should go see a good lawyer if you want to buy him out, or make some other type of deal like buying a "LIFE ESTATE" deed from him.
I hope this helps.
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