Legal Question in Wills and Trusts in Texas

real estate property and probate

I would like to know how the following would be handled.

1) an adult child was residing with her parent in the parent's house

2) the parent died

3) the parent's will states that the home is to be sold and proceeds divided up between 3 heirs

4) one of the heirs now wants the adult child (who is still residing in the house) to leave while the will is in probate

Is that necessary? Must the person who is currently living in the just-deceased parent's home leave while the will is in probate? What standing does the other heir have to make such a demand?


Asked on 6/03/04, 4:26 pm

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: real estate property and probate

The three heirs are joint tenants, each holding an undivided 1/3 of the house. Each has the same right to occupancy during pendency of the action in probate. The present occupant may have to pay to the estate 1/3 of what would be the equivalent rental while in residence. No one has the authority to order another joint tenant to leave, unless that tenant's presence obstructs the sale of the property.

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Answered on 6/03/04, 5:27 pm


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