Legal Question in Real Estate Law in Texas

My grandad died in 2001.My mother, his daughter moved in to take care of him and my grandmother. My grandmother died first back in 1983. My mother has been there with my grandad since then. He wanted my mother to have his house, and he spoke with the neighbor a lawyer about it, but he never went and drew up any papers. None of his children helped to take care of him. My mother and sister took care of him up until he died. They are still living in the house. A grandaugher has decided that my mother needs to get out of the house. My mother is now 85 years old. The grandaughter is stating she will have her thrown out on the streets she wants any share of that house she can get.None of the grand kids paid anything on the house. Not the taxes through the years , the curbing the city made my sister do absolutely nothing. This very grandchild would pull into his driveway and turn around and never even come in to see him but he saw her and her sister do this., They never have helped him financially or in any other way. My mother and sister helped him and my grandmother until both their times of deaths. Can she come in and just throw them out.What legal steps if any do they need to take. My mother gave up her house to come and take care of them.There was no will ever written but he told me he wanted my mom to have the house.


Asked on 5/26/10, 9:28 am

1 Answer from Attorneys

Cheryl Rivera Smith The Smith Law Firm

Unfortunately, granddad should have had a will drawn. Grandchild can't just come in and throw Mom out...she will have to go to court first. The legal remedy, if an agreement among the heirs at law is not reached, is a "partition action" where percentage of ownership is determined by the court and the proceeds are distributed (or you mom can buy the other heirs out). I strongly recommend that your mother talk to an attorney in her area and come to an agreement with the other heirs so that legal fees can be minimized.

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Answered on 5/26/10, 12:48 pm


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