Legal Question in Wills and Trusts in Texas

I received notification that my two cousins and I have inherited the Estate of my grandmother who recently passed away. The executor of the estate says that we must split the estate equally into thirds between all three trustees. Part of ensuring an equal split would be to sell a residence, which is part of the estate, that one cousin currently lives in. The cousin in the residence has never paid rent or taxes on the residence. Our Grandmother purchased the house in cash and had her name on the deed as the sole owner of the residence.He does not have his name on the deed/title of the residence and the attorney for the estate agrees that this residence clearly belongs to the estate. All current taxes and insurance has been paid by the executor of the estate. Do I have the right to serve a notice of eviction or a Bond of Possession to have the cousin and his family removed from the residence in order to sell the residence? All proceeds from this residence will be divided equally into thirds between all three of the trustees.

Asked on 4/27/10, 9:59 pm

2 Answers from Attorneys

Mark Dunn Mark D. Dunn

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Why do you want to evict the cousin from the house?

Insurance on an unoccupied house is very high, since there's nobody living there to call the fire department if it catches on fire; nobody there at night in case vandals break in.

Is the cousin refusing go cooperate with the house being shown to potential buyers? That would create a problem, and if that's what's happening, then the estate can file a forcible entry and detainer.

Answered on 5/03/10, 5:21 am

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