What are my right to continue to live in my late mother’s house after her estate has entered propbate?

UPDATED: May 20, 2013

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What are my right to continue to live in my late mother’s house after her estate has entered propbate?

My mother passed 3 months ago from cancer. I was her primary caregiver for a year. I lived in her house during that time. I am still living in her house but it has been left to my brother. He is the executor of her Will and has said that he goes to probate court tomorrow. How does this work? Everything is still the way mom left it and it has only been 3 months but I am planning to pack her things and such as one does in this circumstance. How long can I legally stay in this house until all is done?

Asked on May 20, 2013 under Estate Planning, Texas


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for your loss.  It does not sound as if your brother is trying to through you out of the house so it may be best for you to discuss this with him but in the context of "here are my plans to help with cleaning out Mom's house and moving.   Does that work for you?" and then sticking to that.  If the Will gives him the home - and if its contents as well so do not get rid of anything unless he agrees - and appoints him executor he has the obligation to act in the best interest of the estate and beneficiaries.  I can see a potential conflict here with him getting the house and his duties but that may not be the case with him so do not jump to any conclusions.  He can ask you to vacate once appointed as executor or pay rent. A court would give you a reasonable time to move I am sure. Good luck.

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