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ScottyMacEsq
ScottyMacEsq, Attorney
Category: Estate Law
Satisfied Customers: 16347
Experience:  Licensed Texas General Practice Attorney
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my uncle recently passed away and his brother has been living

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my uncle recently passed away and his brother has been living in my late grandmothers house for the past several years and driving her car - now my uncles son wants to evict him because the house is in my deceased uncles name as was my grandmothers car - is there anything we can do to stop him

ScottyMacEsq :

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

ScottyMacEsq :

Do you know if there has been any probate filing, and was your uncle's son named as administrator / executor of the estate?

Customer:

I have no idea I've been trying to find out - they've already changed deeds and bank accounts

ScottyMacEsq :

Do you mean from your grandmother to your uncle's name? Or from your uncle's name to his sons?

Customer:

My grandmothers house was built by my father and my uncle - we all believed that the house was in her name but when she passed my uncle was the one paying the taxes

ScottyMacEsq :

Are you certain that the deed was in his name? Just paying taxes doesn't mean that he owns the property (which is indicated on the deed).

Customer:

no - and i don't know how to find out - we've been trying to find out but have been unsuccessful

Customer:

our concern is that my cousin is returning home from arkansas in a few hours and has plans to make him leave the house that he's been living in for the past 3/4 years

ScottyMacEsq :

thank you. what you are going to need to do is contact the county clerk in the county where the property is located. You're going to want to speak with the real property records department, and find out whose name is XXXXX XXXXX currently held under. This might require you physically going into the County Clerk's office, however some county clerks will give you this information over the phone.

ScottyMacEsq :

Even if your cousin had the right to evict him, he would have to give him notice, as well as file for an eviction.

ScottyMacEsq :

that means that he cannot just kick him out of the property. That would be an illegal eviction, and would not stand up.

Customer:

ok thanks...that's what i thought also - so he cannot call the local police/sherriff and have them physically remove him from the home - right

ScottyMacEsq :

assuming that he does have the right to do so, he would still need to have authority to do so. This means that he would have to be the executor/administrator of the estate, and give him that notice to vacate before filing a formal eviction action.

ScottyMacEsq :

he can call the police, but the police are going to say there's nothing they can do, and that it's a civil matter.

ScottyMacEsq :

Only with a "writ of eviction" would he be abel to get them to do that.

ScottyMacEsq :

but I would certainly contact the county clerk of the county where the property is located to find out whose name is XXXXX XXXXX the deed. If it was your grandmother, and there is no will that transferred it to your uncle, then probate would need to be for her estate to pass the property to the legal heirs.

ScottyMacEsq :

Hope that clears things up a bit. 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 luck to you!h

Customer:

YES - I THOUGHT THIS WAS THE PROCESS BUT IT'S BECOME A HUGE MESS - THANK VERY MUCH!

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