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Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 55711
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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If my brother inherited my mothers home but home is under

Customer Question

If my brother inherited my mothers home but home is under her name. Can he evict me if he's not the home owner. He also has not gone to probate.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Richard replied 1 year ago.

Hi! My name is Richard & I will be helping you today! It will take me a few minutes to type a response to your question. Thanks for your patience!

Expert:  Richard replied 1 year ago.

Hi Daniel. He can NOT. Until he has file the will for probate and been officially appointed as executor of the will as evidenced by Letters Testamentary he has no authority to act on behalf of the estate. So, until that time, nothing that he does has any legal authority. And, once he does gain the authority to start the process of getting you out of the house, it's going to take him some time to do so. When there is no lease and whether or not you pay any rent, you are considered s an "at will" tenant, which is treated legally as a month to month tenant. As such, you must first be given written notice of least 30 days to terminate under Texas law. Then, if you do not leave, the law does not allow him to forcibly evict you without obtaining an eviction order from a court. What that means is that if termination date comes and you do not move out, your brother cannot simply change the locks or throw your things out. Rather, what he has to do is to first deliver a 3-Day Notice to quit...which basically says you have 3 days to leave or face eviction. But, if you still don't leave, your brother must then file an unlawful detainer petition with the court for an eviction order. Depending upon the court's docket, it can take anywhere from about 15 days to a couple of months to get a hearing. Only when a judge has issued the eviction order can he have you evicted. That will buy you a good bit of time.

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