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Dwayne B.
Dwayne B., Attorney
Category: Estate Law
Satisfied Customers: 32350
Experience:  Estate Law Expert
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I was my Dads caregiver in an amendment it states that I am

Customer Question

I was my Dads caregiver in an amendment it states that I am able to live rent free for 90 days, I have not been given a copy of the will, the amendment that was notarized and certified included the wording 90 days rent free utilities will be paid in lieu of keeping the house in shape due placing it for sale in 45 days. This is for the state of TX. What are my rights I have always had my own key to the bedroom. My sibling who is the Trustee is upset and vindictive since the will was changed and she is not inheriting the house.
Submitted: 6 months ago.
Category: Estate Law
Expert:  Dwayne B. replied 6 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I need you to be more specific in your question(s) if you could. When we answer general ones like "what are my rights" or "what are my options" we have to give general answers and, invariably, the customer responds with "I already knew that". This type of forum works better if you ask specific questions so we know exactly what you are looking for.

Customer: replied 6 months ago.
Daughter of Deceased Dad who was also caregiver
Amendment to Will states upon death I am able to live Rent free and Utilities are paid
House is being placed for sale in 45 days per will
Trustee is sister and we do not speak
Question? For the state of TX am I now considered to be a renter per the will since it states Rent free for 90 days upon death?
Where would I find what my rights are for the next 90 days if I am now considered a renter in the state of TX as applied to the will? Example no one is able to enter my room (I have the only key)
Expert:  Dwayne B. replied 6 months ago.

As I said, we really can't answer "what rights do I have" because there are so many.

However, while you're not actually a renter, you're more of just an "occupant" and I don't know anywhere there is a definition of occupant's rights.

The probate court will have to define your rights under this arrangement since it is not defined by the normal laws and, in Texas, the Probate Code and Probate Court have the exclusive jurisdiction to handle the assets of the estate. I can tell you what I am 99% sure the probate judge will do if you want me to tell you, but it is based on rulings I have seen and not the actual case law or statutory law.

Customer: replied 6 months ago.
Ok what will the probate judge say
Expert:  Dwayne B. replied 6 months ago.

He will say you have absolute and exclusive use of the property although you will be expected to maintain it. He will also say that you have to allow reasonable access to anyone who needs to access it to make repairs, appraisals, etc.

He will not allow the executor to come and go as they please.

The trick in a case like this is writing the order correctly so you may want to consider hiring a local attorney to help you with that. Usually all attorney's fees eventually come out of the estate so you may have to pay them up front but the attorney could apply for you to be reimbursed by the estate.

Customer: replied 6 months ago.
When you state maintain does that mean I will have to place the utilities in my name while the house is being sold?
Expert:  Dwayne B. replied 6 months ago.

Either that or pay them to the estate. I would think you just pay them to the estate to prevent problems since it is only 90 days.

You can also ask the court to pay rent following the 90 days if you desire. There is a responsibility on the executor and the court to keep the place making money while it is in probate.

Expert:  Dwayne B. replied 6 months ago.

The subject of the utilities is something you want to discuss with the court as well and enter it in the order, if it is necessary to go to court. I have never seen them make anyone switch the utilities to their name for just a few months.

Customer: replied 6 months ago.
Am I legally to be notified by the trustee when the will is placed in the court system, probate court?
Expert:  Dwayne B. replied 6 months ago.

Yes, you should be served with the papers if you are their child and mentioned in the will.

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