Legal Question in Wills and Trusts in Texas
rights guaranteed by terms of a will
my mother's will states that I may live in her home until my death. The will also left sole ownership of the home to my brother(executor). I made an agreement with my brother (but did not sign it)to pay $50/month to help w/taxes and insurance, but I have only paid $150 in nearly 3 years even though I am employed and am the only one living in the house. The will doesn't say I have to pay anything to live in the house. He is threatening to evict me (nonpayment of $50 and other violations of our agreement) and sell the house because he can not maintain his primary home and my mother house due to job less in November. Can he evict me based on our agreement even though my mother's will gives me the right to live in the house? Can he legally sell the house? I asked him to transfer the house to me but he says he can document my pattern of irresponsibility in court and that he wants to protect his interest in the house. Am I correct in believing that my interest in the house is equal to his since my mother's will dictates that I live in the house. I don't think he can do anything legally (evicting me or selling). Should I be worried?
1 Answer from Attorneys
Re: rights guaranteed by terms of a will
Depends on the wording. It sounds as though you have a "Life Estate" in your mother's home and you can live there without any worries of being evicted by your brother. Even if he sells it, he is only selling what he owns, which is the house once you die, so most likely no one would buy what he is selling. HOWEVER, most life estate agreements have or should have a TMI clause, which means you, as tenant, are responsible for taxes, maintenance and insurance on the home. If you are not paying these and are supposed to be paying them, your brother has a cause of action against you and can probably sue you. Call me or another lawyer to review your agreement.
William G. Nolan
Nolan Elder Law
www.NolanElderLaw.com
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