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Inherited Property in Will in probate process

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onthepipe

Junior Member
What is the name of your state (only U.S. law)? TX
My father left an estate with 3 properties - two of them rental properties. The properties must be sold to pay off credit card debt. One of the properties has a tenant that has been living there for 12 years - no rent. The initial verbal agreement was that the tenant would fix up the property. The tenant has destroyed the property and it is basically worthless. The probate process is underway, Letters of testementary have been received and I filed a notice to the tenant to vacate over 30 days ago. My brother ana I will equally split all assets.

Can I file the eviction notice myself or does the executor need to do this? Do I legally own the property now? Inventory has not yet been completed but I need to get this tenant out as soon as possible.
 


justalayman

Senior Member
who do the letters recognize as executor? That is who must attend to legal matters for the estate.

Do I legally own the property now?
has title been transferred? If not, then no.

Inventory has not yet been completed but I need to get this tenant out as soon as possible.
I don't quite understand what is going on. You speak as if you are not exec yet you appear to be acting as exec.
 

onthepipe

Junior Member
Thaks for the reply. My cousin is assigned as executor but he's not in the city I reside so it makes matters difficult. So the title to the homes have to be legally transferred to the beneficiaries (my brother and I) BEFORE I could file the eviction? Since I filed the notice to vacate will the executor need to file it again to make matters legal?
 
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justalayman

Senior Member
So the title to the homes have to be legally transferred to the beneficiaries (my brother and I) BEFORE I could file the eviction?
until probate is finalized, the estate owns the property. Due to that, whomever is representing the estate is who must take action on behalf of the estate.

You cannot take legal action on behalf of the estate is because you have no authority to act as the representative for the estate.
 

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