Mom Passed. Ex-husband wont leave house-Texas

[ksm0102]

My mom recently passed away. Before she passed, she changed the name on the deed to the house to me. The house was in her name only, always has been, now it is in my name. When she divorced my dad, my dad left her the house, she said the house would always belong to the kids and we (My brother, sister and myself) would always have a place to live. The house is paid in full.
My mom's exhusband is living in my mom's house. They were married 5 years then divorced . He moved back in 1995. But, they never remarried.
We have not gone to court, we have been trying to avoid going to court.
He will not let us get any of my mothers things out of the house. My sister was living there not too long ago and he wont let her get her bedroom suite out of the house either. We have been trying to work with him, but he refuses to work with us or let us have anything in the house. So, we are looking to get him out. All the information I find on eviction is pertaining to someone with a lease agreement, which we do not have one. All of the bills (utility, taxes and homeowners insurance) has always been in my moms name. We did have keys to the house and access to the security code, but the ex recently changed all of it. Nothing in the house belongs to him except his clothes, car, and a boat.
My mom has a will, but we are unable to locate it. The only thing I have right now is a unsigned copy. The will stated the house would be left to the kids. My sister was listed as the executor of the will.
What rights do I have to get him out?
Can I get in the house without his permission and take my mom's things?What is the name of your state?

 

[moburkes]

He's a tenant. Evict him.

 

[TinkerBelleLuvr]

by him not having a lease, he is considered a month-to-month lease. you can file in court (have done without attorney) and get an eviction notice.

 

[Dandy Don]

Executor is the only one with legal power to evict. You all need to open up probate proceedings even without the will so sis can have legal authority to evict him and get title transferred to the names of the heirs/legal owners.

 

[las365]

I don't know enough about real property transfers to know whether your mother putting the deed in your name means that the house already belongs to you or is part of her Estate. Was the new Deed recorded? Did you buy the property from her or was it a gift? Are you paying the property taxes? Was it reported on your taxes as a gift?

You and your siblings also have the issue of what your former stepfather may be doing with the property. A TRO may be in order to prevent him from damaging or disposing of your mother's (and sister's) personal property and the real property and get you access to the house prior to his eviction.

Probate definitely needs to be opened. You'll have to do it eventually anyway. You should see a lawyer for a consultation immediately.

 

[TinkerBelleLuvr]

Gift taxes are the responsibility of the giver, not the recipient.

 

[las365]

Gift taxes are the responsibility of the giver, not the recipient.

Obviously, I don't know about taxes, either.

 

[ksm0102]

I don't know enough about real property transfers to know whether your mother putting the deed in your name means that the house already belongs to you or is part of her Estate. Was the new Deed recorded? Did you buy the property from her or was it a gift? Are you paying the property taxes? Was it reported on your taxes as a gift?

You and your siblings also have the issue of what your former stepfather may be doing with the property. A TRO may be in order to prevent him from damaging or disposing of your mother's (and sister's) personal property and the real property and get you access to the house prior to his eviction.

Probate definitely needs to be opened. You'll have to do it eventually anyway. You should see a lawyer for a consultation immediately.

What is a TRO? Can we get a TRO in Texas? The deed was recorded and it is listed on the Dallas Central Appraisal District site with my mom's name and mine. Not sure what some of the abbreviations mean this is how it reads:
My Mom's Name LF Est
REM: My name.
When we filed for a deed transfer they gave us a deed with only my name.
We have not gone to court to probate yet due to the cost being $2000.00.

 

[ladybg1]

that sounds like she kept a life estate in the house for herself. But that is now void since she is deceased. Take the deed that is in your name & file to evict him.