Do I have any rights to a home that I have lived in for 17 years?
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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 12 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.
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