Legal Question in Wills and Trusts in Texas

My good friend of 14 yrs recently passed away. She DID NOT have a will.. Now her live in boyfriend of 5 yrs is being harassed by the daughter of my friend, she is wanting to come into the house shared by the two and take the possessions that were obtained by the two of them ... What rights would my friends "common law" husband have, as far as the property and can the daughter legally come in the residence (apartment) and take whatever she wants?


Asked on 10/23/10, 8:28 am

1 Answer from Attorneys
Keith Engelke Law Office of S. Keith Engelke

With no will and no marriage, the live in boyfriend has no rights except as to his own property. Hence if he signed the lease or had an ownership interest in the house, he would have the right to exclude others from entering the house. The daughter has no rights unless a court declares that the property is hers or that she a legal representative of the estate. As to property that was jointly owned, even if the daughter had the authority to represent the estate, she would have to compensate the boyfriend for his share of any jointly owned property if she wanted to take the property.

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Answered on 10/28/10, 1:08 pm


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