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My elderly mother has had her 50 year old son move in with…

Customer Question
Hi. My elderly...

Hi. My elderly mother has had her 50 year old son move in with his 4 adult children over the past 3 years due to a marriage break up. My mother has asked him to move out but he does not attempt to. My question is whether he will have any more rights to the house when my mother passes than what is in her will? Will he have some sort of ownership? ThNks Julir

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Julie. Victoria

Lawyer's Assistant: Has any paperwork been filed?

Yes. I am now power of attorney. He has been taken off but my mother has divided all assists between the 3 of us evenly in her will

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Just that he has his mail and all contact details at this address and is really living there rent free except for paying some amenities of which he has kept receipts etc

Submitted: 6 months ago.Category: Real Estate Law
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Real Estate Lawyer: Richard, Lawyer replied 6 months ago
Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 57,040
Experience: 32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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Real Estate Lawyer: Richard, Lawyer replied 6 months ago

Good evening. He will not. Simply living there gives him no legal rights to ownership at all. When your mother passes, he will is going to determine who inherits the house. The fact that the son happens to live there prior to her death has no relevance at all. The person whom your mother designates to administer her estate can simply move to have the son evicted is he won't leave voluntarily.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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