Legal Question in Wills and Trusts in Texas
Right to enter deceased mothers house.
My mother, who was a widow, passed away April 2008. My sister presented a Will stating mom left everything to her. My mother had a reverse mortgage on the house. My sister cannot produce the original Will and cannot probate the copy. The reverse morgage company will not accept a copy either. My questions are, 1. Do I have the right to enter the house and remove property? The house is under foreclosure and I am under the impression all personal belongings will be thrown out once the forclosue is finialized. 2. My sister has the keys to the house and vehicle and is driving the vehicle, what can I do about that? The local police department said I cannot report it stolen since it is not my property and a civil issue.
3 Answers from Attorneys
Re: Right to enter deceased mothers house.
you can file for probate..hire a lawyer..if there are any assets to support the cost
Re: Right to enter deceased mothers house.
You need to go sit down and talk with a probate attorney. I'm not sure how your sister can produce a Will saying everything goes to her and then say she doesn't have the Will. Under the correct circumstances copies of Wills can be presented for probate.
Re: Right to enter deceased mothers house.
It is challenging, but possible, to admit a copy of a Will to probate; usually, you need the original.
If the will is presented to the court, you can challenge it by claiming that your mother was not competent to sign it or was unduly influenced, neither of which is easy to do.
If it cannot be admitted, then under these facts, you and your sister each inherit half of her estate (assuming no other siblings). You can ask the court to determine heirship. and to appoint you to administer the estate. You should ascertain whether the value of the estate is worth the expense.
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