Legal Question in Wills and Trusts in Texas

wills

my friend was employed by an older gentleman who could not take of himself. she left her home to care for 24-7. in doing so he left her the house the house they were staying in to her in his will. he has now been placed in a nursing home because because he needed more immediate care. he has now been ruled incompatent and his brother has taken over as durable power of attorney. he is asking her to leave the house so he can sell it. does she have to leave? what happens if he sells it? what are her rights?


Asked on 2/10/08, 6:33 am

3 Answers from Attorneys
James Grissom Law Office of James P. Grissom

Re: wills

Your friend has no present right to the house. Her right to the house is contingent upon the death of the older gentleman. The Power of Attorney probably allows the brother to make decisions concerning the property. Your friend might be able to contest this arrangement for a while if the older gentlemen is very near death.

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Answered on 2/10/08, 6:57 am

Re: wills

Your friend has a problem. A will is only a transfer incident to death. Because the man is not dead, she doesn't have an interest in the house. However, if he made a contract with her to give her the house in exchange for services, and she can prove that, then she may have a chance.

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Answered on 2/10/08, 9:06 am
Cheryl Rivera Smith The Smith Law Firm

Re: wills

Your friend should consult an attorney and get advice specific to the situation. There are many issues at play here that a direct interview by an attorney would address. Many attorneys will offer a free initial consultation.

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Answered on 2/10/08, 10:15 am


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