Legal Question in Wills and Trusts in Texas

Roommate refusing to relinquish belongings of deceased to heir.

My husband's sister recently passed away and he is the only living heir. She left no will and a huge credit card debt. She has a few possessions (some of which actually belonged to their parents)that are currently in the home of her roommate. Her roommate is now refusing to allow us access to any of those possessions saying that we have no right to them. She even claims to have given some of them away! Is that legal, and can we get some sort of court order to obtain those possessions or at least to stop her from giving them away?


Asked on 10/16/03, 9:43 am

2 Answers from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: Roommate refusing to relinquish belongings of deceased to heir.

Giving away property that belongs to someone else is improper. You can get an injunction to stop her from giving away anything else, but you'd have to open the deceased sister's estate in probate to establish authority to the property.

Having done so, you'd have to sell the property to satisfy the credit card debt. If there's anything left, after paying the lawyers, the credit card people, and the bond fees, that goes to your husband as heir.

This is a situation where you'd best be sure that the game is worth the candle.

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Answered on 10/16/03, 10:04 am
Cheryl Rivera Smith The Smith Law Firm

Re: Roommate refusing to relinquish belongings of deceased to heir.

For a small fee, your husband could file a claim against the roommate in small claims court - as the heir to the property. He may or may not succeed, but at least he could tell the story to the judge (and receiving the summons might frighten the roommate into returning the property). The amount of the claim must be under $5,000 for JP court.

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Answered on 10/16/03, 10:18 am


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