If my aunt’s husband just passed and in his Will he stated that she could live there until her death, can his daughters just walk in and start taking stuff?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my aunt’s husband just passed and in his Will he stated that she could live there until her death, can his daughters just walk in and start taking stuff?
Asked on June 5, 2012 under Estate Planning, Texas
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If the will says she can have the house until her death, then she should have exclusive use of the property-- so she needs to change the locks and tell the daughters to hold up. Just because someone passes away, it doesn't automatically give relatives the right to come in and rummage. Considering that they were married, many of the items may have been community property or seperate property-- which the daughters may or may not have a right to. The will controls the disposition of the personal property located in the house. If the will says they get certain items, then your aunt does need to make arrangements for getting those things to the daughters. She may also want to talk to a probate lawyer to get the will probated. She can asked for certain protective orders in the probate to keep the kids from scavaging through her things until a judge decides who gets what.
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.