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ScottyMacESQ
ScottyMacESQ, Lawyer
Category: Real Estate Law
Satisfied Customers: 15916
Experience:  Licensed General Practice Attorney, Texas
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I am the executor of my mothers estate. The property has not

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I am the executor of my mothers estate. The property has not yet been sold. My brother passed before my mother. My brothers son hired a lawyer that told his he had the right to move into my mothers house. He has taken down my for sale signs and changed the locks on the doors and is now living there. He has taken over acting like he owns the place. He has taken in other tenants charging them rent. He is on drugs and so is all the other trash he has coming and going there. We got the chance to get in the house when his friend was there and he wasn't. We changed the locks on him and when he returned he kicked in the door, and changed the locks again. He has not paid me and my sister any rent since he has been there since last sept. The place is 7acres with 3br brick home. How can we deal with,does he actually have the right to move in and take over?

ScottyMacESQ :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacESQ :

I'm sorry to hear about your situation. To be clear, do you have a document from the court (letters testamentary) that designate you as the executor, or was it merely in an unfiled will that you were named executor?

Customer:

the will named me and it has been probated.

ScottyMacESQ :

Has there been any legal action pertaining to the property (such as rent that he has to pay you?)

Customer:

no

ScottyMacESQ :

And did the will leave the property to you and him equally?

Customer:

no he is not named in the will just me and my brothers and sister. my brother is his dad and he is deceased.

Customer:

the will was made before he passed.

ScottyMacESQ :

Is there any provision in the will that says that the death of a beneficiary will cut off that individuals heirs from inheriting that shaer?

ScottyMacESQ :

*share

Customer:

no

ScottyMacESQ :

Thank you. Typically in the case of someone predeceasing the testator, that predeceased individual's heirs will inherit that individual's share, so he could still have a claim.

ScottyMacESQ :

That being said...

ScottyMacESQ :

His claim and right is not any better than anyone else's, and you could legally evict him from the property.

ScottyMacESQ :

Now it would be wise to send him a letter telling him this, giving him 3 or 7 days, etc...

ScottyMacESQ :

Since you're the named executor of the will, you have the ability to take possession of the property, evict individuals, etc...

ScottyMacESQ :

He does not have the legal authority to enter into these contracts, so even if there was a year lease that he "agreed" to, you could still evict.

ScottyMacESQ :

Now given that this is not the typical eviction situation, I would highly recommend having an attorney assist you in this regard.

Customer:

What steps does that intel

ScottyMacESQ :

That being said, you need to contact an attorney in your area that deals with evictions cases. Go to www.lawyers.com or www.legalmatch.com to find an attorney in your area. You should be able to find one that will give you a free initial consultation and better advise you of your rights, any problems with your case, likelihood of success, how courts are treating cases such as yours in your area, and what you should do next.

ScottyMacESQ :

Evictions entail sending a notice to vacate (which should be accompanied by a statement that this individual did not have the authority to rent this property out)

ScottyMacESQ :

(you can find sample notices to vacate online)

ScottyMacESQ :

Once the time period to vacate has passed, and if the individual(s) are still in the property, you can file an eviction action with the local court.

ScottyMacESQ :

You can also file this with the probate court (which probably would be preferable, since the property is subject to probate).

Customer:

what law field should I contact

ScottyMacESQ :

I can't recommend any lawyer or firm. Did you see my paragraph above about the websites that you can use to find a lawyer in your area? >

Customer:

yes

Customer:

ok thank you

ScottyMacESQ :

My pleasure.If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX good luck to you!

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