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TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4164
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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I have been locked out of my place of residence at 3 yearsno

Resolved Question:

I have been locked out of my place of residence at 3 yearsno notice
Submitted: 1 year ago.
Category: Legal
Expert:  TexLaw replied 1 year ago.
Hi,

Thank you for your question.

I'm sorry to hear about your situation.

Who has locked you out?

Do you rent or own the residence?
Customer: replied 1 year ago.

YY mother passed away we moved into her mother's house my wife passed away and I was still living at the house the property was put in my step daughters name

Expert:  TexLaw replied 1 year ago.
Thanks for your response.

When was their a court that ordered that the house should be in your step-daughter's name?

Why did you move into the house in the first place? Was there a Will which left the property to your wife?
Customer: replied 1 year ago.

my wife and her mother had a survivorshipmy wife put it in her daughters name for financial reasons

Expert:  TexLaw replied 1 year ago.
I see.

A right to survivorship only grants a right to live on the property until you die. Once you die, then the property "reverts" to the person who was supposed to inherit. Do you know who was supposed to inherit the property after your wife's mother passed away?


Also, were you given any notice to move out of the property?

Are your possessions still in the property?
Customer: replied 1 year ago.

my wife was to inherit the property she passed away I was giving notice to lose been there for 3 years passed away in 2010 and yes my actions are still on the property they cut my lock


 

Expert:  TexLaw replied 1 year ago.
Your wife was to inherit the property, but then she assigned it to her step daughter.

Is that who kicked you out of the house?

Is there a reason she kicked you out?
Customer: replied 1 year ago.

yes that's a kick me out and no reason that I know love

Expert:  TexLaw replied 1 year ago.
Thank you for your response.

In this situation, you do not have a right to continue living in the house. However, you did have a right to proper notice of termination of your tenancy and to remove your belongings from the house.

Thus, you can sue your step daughter for wrongful eviction and wrongful lock out. You can do this in small claims court/justice of the peace court and do not have to hire a lawyer.

Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am compensated by the website for my work on your question. Rating positively does not cause an additional charge and does not prevent us from further discussing your questions.

Best Regards,
ZDN
Customer: replied 1 year ago.

what about getting my property back

Expert:  TexLaw replied 1 year ago.
When you sue her for the wrongful eviction, the court will allow you to re-enter the house to get your property back after you establish that you were wrongfully locked out.
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4164
Experience: Lead trial/International commercial attorney licensed 11 yrs
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