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RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 37026
Experience:  Texas lawyer for 30 years in Estate law
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My parents had a home that was left to my sisters and

Customer Question

My parents had a home that was left to my sisters and myself. My sister lives in the home right now; but if sold, the money from the sale of the home will be divided among the sisters. My sister has allowed her nephew and his wife to stay there. They have been staying there since July 2010. What rights do they have to the home if it's sold? Can they take possession of the home?
Submitted: 1 year ago.
Category: Estate Law
Customer: replied 1 year ago.
The nephew and his wife are not included in the will for this property.
Expert:  RayAnswers replied 1 year ago.

Hi and welcome to JA. I am Ray and will be the expert helping you today.

The nephew and wife and month to month tenants.You would need to give them 30 days notice and file forcible entry and detainer if they will not vacate.Any guest here have such status.This will require all of you to file such eviction.It is going to be a problem is a sale is involved and they will not agree to leave.This is a common problem where people are allowed to move in as guest and will not voluntarily leave.You would be wise to give them notice here now in case suit has to be filed.

This is certainly a potential problem and notice should be given to see if they will leave or a suit needs to be filed.This can affect the sale and whether you are able to offer a buyer an empty house.Giving them notice now makes sense so if they do not leave forcible entry and detainer can be filed prior to closing.

I appreciate the chance to help you today.Good luck with the sale and resolving this.Thanks again.

Expert:  RayAnswers replied 1 year ago.

Forcible detainer forms if they do not leave..

http://www.scscourt.org/self_help/civil/ud/ud_overview.shtml

Expert:  RayAnswers replied 1 year ago.

If you can leave a positive rating it is always sincerely ***** ***** am glad I could hep you today.

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