Legal Question in Wills and Trusts in Texas
Hello. Right before my grandfather passed away, he signed the deed to his house over to my aunt. She has since passed away. Now my grandfather's house is inhabited by my aunt's husband's cousin. He says my aunt gave him permission to stay in the house before she died. He pays the taxes but he has not paid anything towards purchasing this house. What options do I have to find out who the rightful heirs are, and how can we either make him buy the house or leave? Thank you in advance.
1 Answer from Attorneys
Your aunt either died with or without a Will. If she made a Will, it needs to be filed with the county clerk and admitted to probate in order to accomplish the transfer of anything that she owned at her death. If she left no Will, your aunt's estate passes to her heirs. One of these heirs likely needs to request that the Court appoint them to administer your aunt's estate.
The administrator gathers assets, pays debts and delivers the remaining property to the rightful owners. In many cases, the administrator's job might include "evicting" a person that has no legal ownership in a home -- crediting them for the taxes that they might have paid.
Both procedures effectively accomplish the same thing, and both of them require the advice and guidance of an attorney experienced in probate law. Best of luck.
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