Legal Question in Wills and Trusts in Texas

My father passed without a written will but told us all what he wanted down. My moms will left everything to the kids equally. Nobody is staying in the house and I need a place to stay. Can I moved in my parents house without their permission, and will they be able to evict me? I am part owner. They want to sell the house but I do not want to


Asked on 11/15/11, 9:31 am

2 Answers from Attorneys

Keith Engelke Law Office of S. Keith Engelke

It sounds like you need a family settlement agreement regarding your father's will. Generally oral wills will not pass more than a small amount of property. I believe the amount is around $200. If mom is still alive what her will says makes no difference.

To establish your ownership position in the house, you need to have the estates administered or the wills probated. Once you do establish an ownership position, you will be a cotenant.

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Answered on 11/15/11, 9:53 am
Brian Thomas Burdette & Rice PLLC

What your father told anyone is of no consequence. Depending on several facts that you don't include (such as the date and order of your parents' death, whether or not either had any children from outside the marriage and when the home was purchased) ownership in the home could be divided in a number of ways. Regardless, the right to occupy the home does not rest in any one person -- including you.

It sounds pretty likely that you may be a co-owner of the home with your siblings, although some sort of probate procedure (either formal or informal) is necessary to reflect this. In that case, the other co-owners could (and probably will) demand rent from you. The amount of reasonable rent that you might be demanded to pay would be offset by your own interest in the property. The point is that none of you can do anything with the house if even one of you disagrees. Situations like this generally result in a family agreement that prevents the home from wasting away to the point of being worthless.

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Answered on 11/15/11, 10:12 am


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