Legal Question in Wills and Trusts in Texas

Rights concerning a Will

My friend's aunt (who raised) her left her home to my friend and 2 of her aunts. One of her aunts, who is the executor of the will is requesting that my friend move out of the only home she has ever known so that she can sell the house. Does she have the right to do this and what does ''possesion is 9/10ths of the law mean?


Asked on 7/30/08, 4:58 pm

1 Answer from Attorneys
Nicholas Dupre Stone and Associates, LLP

Re: Rights concerning a Will

There are limited circumstances where one is allowed to stay in another's homestead after that person passes away. However, it doesn't sound like your friend falls into one of those circumstances/exceptions. You have given limited facts however so it is hard to say.

Is your friend's name on the title/mortgage? Is there any other agreement b/t the decedent and your friend? What is the exact language of the Will? These and other questions would need to be answered.

Regarding the 9/10ths proverb. It is just, a proverb, and usually refers to the idea that when there is no definitive proof of ownership, the person in possession of the item can keep it, by law. This "ownership" will remain in tact until it is proven otherwise. However, a proverb is not law and should not be relied upon for anything besides casual reading.

Read more
Answered on 7/30/08, 5:16 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Texas