Legal Question in Wills and Trusts in Texas

periodic, or month-to-month lease

How to terminate persons from property who are refusing to pay rent,leave primasis. The person who is questioned is my brother. He is not listed on the Will & Estates. He is also holding property listed in the will. Will shows no possessions to him. What can I do?


Asked on 1/18/07, 12:03 am

2 Answers from Attorneys

Cheryl Rivera Smith The Smith Law Firm

Re: periodic, or month-to-month lease

You can evict him. The procecures are simple and outlined in the JP court. You may or may not win if your authority to evict is not clear due to the probate.

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Answered on 1/19/07, 8:09 am
Peter Bradie Bradie, Bradie & Bradie

Re: periodic, or month-to-month lease

You need to get with a lawyer. The action to oust him from the property is called a forcible detainer and it's filed in the JP's court where the property is located. But the probate involvement, rather than enforcing a lease, makes it legally complicated and not something you want to try yourself.

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Answered on 1/18/07, 1:19 pm


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