I am applying for Executor of my Mother's Estate. The home She left us has a reverse mortgage. Can I evict him and sell ?

Business 3 views 4 answers
She passed away while He was in jail. I took an inventory with witnesses and packed it all up. The home is on the market, but He will not leave till he gets what He believes he has coming. In 3 1/2 months the mortgage company will want their money, or foreclosure proceedings start. He refuses to leave unless He can either acquire items out of the house or get in her safety deposit box. How do I handle this?

Attorney Answers

4
Stuart Lautin ·
You need to furnish a three-day written notice to evict by following the procedures of TPC 24.005: http://www.statutes.legis.state.tx.us/Docs/PR/htm/PR.24.htm. Then, if he doesn't vacate, you'll need to file an eviction lawsuit in local JP Court in Tarrant County.
0 upvotes
Steven Clausen ·
If the he is your mother's husband he has a lifetime homestead right subject to the rules of abandonment. Until you are appointed executor by a court you have no power to deal with your mother's property. To be an executor, there must be a will. If no will, you can be appointed administrator, but if your mother was married, her husband has a higher priority. You need to hire a probate attorney ASAP.
0 upvotes
Laura Stapleton ·
Who is "he"? The answer to this question is an important fact that is missing. If "he" was the husband of your mother, then he has the right to live in the house for his lifetime (called a "life estate", but he also must maintain the house by paying expenses. Your inquiry suggests that you have submitted the will to probate or some other type of administration of her estate. Contact a probate attorney right away to determine the next step.
0 upvotes

People Also Asked