Legal Question in Wills and Trusts in Texas

Dallas, TX. Brother died w/o will. In debt ~$15,000 total, no liquid assets, Level 2 Hoarder, renting a house. Can the landlord seize property if we agree to pay the rent until it is cleaned out? Can landlord evict tenant, how much notice must be given? When does landlord need to be notified? Relatives live out of state. Understand that mother will be established heir. Will creditors go after non-liquid assets? Meaning is it up to the heir to convert to liquid assets? What are the rights of the tenent/heir on possessions? Understand creditors go after estate not heir. Vehicles and possessions have quiet a bit of value. Do I need an estate, probate or real estate attorney?


Asked on 2/15/12, 9:47 pm

1 Answer from Attorneys
Keith Engelke Law Office of S. Keith Engelke

You need an attorney that does intestate estates. Most probate attorneys can handle this.

The landlord has a lien against all property on the leasehold to recover unpaid rent. The landlord does not have to accept your agreement to continue paying the rent. However given the time and trouble of establishing and enforcing his the lien, he would be wise to do so

If your brother died, who is there to evict?

In Texas, the estate is responsible for all debts, after all debts have been paid, then the heirs get paid. It sounds like you need to review the details with an attorney.

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Answered on 2/16/12, 9:19 am


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