Do I have any rights to a home that I have lived in for 17 years?

Get Legal Help Today

 Secured with SHA-256 Encryption

Do I have any rights to a home that I have lived in for 17 years?

The home I live in was my grandmother’s. It was her wish to leave the home to my 3 children in a trust. My mom took my grandmother to a bad attorney, influenced on Xanax, and had my mother made the sole benificary of the home. I have lived in the home for 17 years. It is the only house my teenage children know. She is kicking us out next month. Do I have any rights?

Asked on November 14, 2011 under Real Estate Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the property is not in your name and never was in your name, then you generally do not have any rights to the property.  A potential future interest is not enough to vest you with current property rights.  There are times when a squatter can obtain a house by adverse possession, but this exception would not apply to your situation.  There may be another option, however.  You mention that your mother took your grandmother to a bad attorney and made her the sole beneficiary of the home.  If your grandmother is deceased, you may be able to challenge the will through probate.  If your grandmother is still alive, you may be able to petition for guardianship of your grandmother's estate if your mother is taking advantage of her.  Many probate attorneys will have experience handling your type of situation.  Considering this has been your home for the last 17 years, it would be worth the effort to at least arrange for a consultation with a probate attorney.  Take any and all documentation that you have regarding the house, any power of attorneys, or other documents affecting beneficiary status to the attorney so they can give you a better assessment of your situation.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption