Estate Law Questions? Ask an Estate Lawyer.
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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.
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.
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.
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.
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.
Yes, you should be served with the papers if you are their child and mentioned in the will.