Legal Question in Real Estate Law in Texas

My sister in law was living in my deceased grandparents home. She has been out of the house a month but she has left allmost all of her personal property at the home. She has also caused a catastrophic amount of damage to the house (of which I have pictures). I am the exector of my grand parents will, however, my brother and sister and law are seperated but not divorced. He is afraid to confront her about removing her belongings becasue she will withold their only child from him. I am at a complete standstill. I cannot begin the process of repairing the home while her property is still in there. To complicate matters further, her last known address is at my grandparents home. Since I am the property owner, I need to know 1. How long I need to give her to get her belongings out and 2. If she does not remove her belongings within that period of time, what right do I have to the property? and 3. I know I'll need to give her notice but i'm not sure how to do it (certified mail?) that it will actually reach her. I would like to give her as little time as possible only because we need to begin the repairs so we can sell the home. I also would like to sell whatever property she has left there to use the funds to cover the damage she has caused. I guess the bottom line is I really need to know the right way to ask her to get her stuff out of there and what I can do with it if she doesn't, and how long I have to give to do so, and what my rights to her proptery are.


Asked on 3/28/10, 7:58 am

1 Answer from Attorneys
Cheryl Rivera Smith The Smith Law Firm

I would give give her written notice by certified mail and regular mail and personal delivery, if possible. If she fails to remove the property within a reasonable amount of time (20-30 days), then I would move the property to a mini warehouse. Once she pays your expenses, if she still wants it, then release the property to her. As a courtesy I would give her a few months, after that, the property would be deemed abandoned.

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Answered on 4/02/10, 4:32 pm


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