Legal Question in Wills and Trusts in Texas

I moved back to Texas from Colorado Spring almost two years ago to help take care of my dad. He has now passes away and the other family members want me out of the house in seven day's. Can they do this and if they can what can i do to stop them.


Asked on 8/23/10, 8:50 am

2 Answers from Attorneys

Keith Engelke Law Office of S. Keith Engelke

If you were living in the house, you may have a homestead right in it.

You need to see an attorney before you do anything.

They would have to file suit to evict you to make you move out.

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Answered on 8/28/10, 9:11 am
David Leon David L. Leon, P.C.

Did your dad have a will? Who are the other heirs? You may have some rights to some portion of the land, but these is fact specific, and it's going to get very expensive, very fast.

I would recommend that you (1) find out what EXACTLY everyone's rights are and (2) confer with your family to see if you can agree how to proceed. If you can work together, you will save a ton on attorney fees, time and frustration.

A probate attorney should be able to tell you what your rights are after a consultation (the answer depends on a host of factors, such as how your dad owned the house, whether or not he was married, the number of children, half siblings, etc.) Once you find out how much of the house each of you own, you can come to an agreement, such as having you buy out the hostile siblings, selling the house and splitting the proceeds, etc.

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Answered on 8/28/10, 9:19 am


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