Legal Question in Wills and Trusts in Texas
A elderly nurse (in her 70's) has cared for an invalid for the thirty years, the last twenty of which were as a live-in nurse. The patient's will granted the nurse, in the event of the patient's death, some money and six months of residence in the home to organize the nurse's affairs, obtain housing, and start her new life. Last week, the patient died (in her late 90's). The patient's family (nieces and nephews), claiming the will was recently changed, immediately ordered the nurse (who is now suffering disability herself) out of the home ("treating [her] as a tresspasser") and are refusing to allow her to take her own belongings, claiming that they are actually the patient's belongings. Both the patient and the nurse were foreign-born, and the nurse's English is limited, so she is destitute, living in her van, and wondering if she has any recourse at all. [I am simply a long-distance acquaintance whom she trusts and with whom she can communicate -- and I have absolutely no idea what area of law this would fall under.]]
1 Answer from Attorneys
If possible, you need to obtain a copy of the Will. If the Will does in fact state what you claim, then the Will must be probated. Otherwise, unless the nurse's name is on the deed or she can claim some kind of ownership interest in the house, she cannot stay there.
You might consider calling Adult Protective Services if you think some kind of elder abuse is involved and if there are belongings of hers in the house, then she also has a claim to those as well.
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