i need legal advise???

If im am taking care of my dead mothers affairs with no probate opened, Can i evict her tenant on rented property so it can be repossessed as he has no trespassing signs up and mtge company are afraid to change locks. Please any help would b appreciated?? :help

This varies state by state. In Texas, to my understanding, only the property owner or an authorized agent of the property owner can evict someone (the “authorized agent” can be an employee, shareholder or owner of the parent corporation, real estate agent, etc).

If your mother is still legally the owner of the property because you haven’t probated it, then I don’t see you being able to evict the tenant yourself. However if you are the only heir and you already inherited the property, or you are going to inherit it, you will need to consult with a lawyer in your state ASAP to see your options.

Good luck!

Just an update,I went to small claims court in nc and tenant hired an atty and they ask for dismissal cause i didnt have paper sayin i was executor so hes still there and

do i have to post another 10 day eviction notice on the door again? and hopefully get my items of my moms in the house, and have it repossed. I went over to her house when tenant wasnt there and he has changed the locks from me.:{ so I couldnt get in to get her ins info for ins policy.:{

If you didn’t request an adjournment or have the judge grant you one so you can come back with the paper saying you’re an executor, it sounds like you’re going to have to start all over again and post another notice. If your lawyer handling the will can’t give you that document, have him show up and explain to the judge why either he or you has legal standing otherwise the judge will just throw it out again.

You need to discuss this matter with your lawyer, not here, because there’s probably some important legal issue you’re not mentioning why your lawyer can’t name you executor and he needs to tell you how to get it so you can process this tenant.


I went to small claims crt and they had a lawyer to appear for defendant and he said i didnt have legal paper saying i could evict so they dismissed it. My lawyer said just go tell them she had nothing and so did probate lady but it didnt work, I have to start over and do i have to post 10 day notice if he naver had alease but stayed there for a year if I posted one in nov? Tks

Do yourself a favor … fire your current lawyer and hire a competent one who is actually interested in doing his job.

I second that advice!

I went and became her personal rep on a small claim estate so i can

evict him and i called an atty and he said i couldnt evict a squatter on a

summary ejectment form or an eviction form.The magistrate told me it is

the form so who to believe??? I am going today to evict myself again .:} on the form mag said:{