Mccullough & Mccullough

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Can I kick my parent’s partner out of their Texas home?

Your parent did not remarry but has a partner living in their home with them in Texas. They wish to allow their partner to continue living there until their death with the house passing to you after their partner dies. Once your parent dies, do you have to honor their wishes?

It is complicated

The answer to the question is “It depends.” If your parent has a properly executed estate plan, it is unlikely you will be able to remove their partner from the property before they die. If there are stipulations in the will, such as proper upkeep and maintenance of the property or clauses that prevent future roommates, you will have legal recourse to evict them should they fail to meet the stipulations.

It is unusual for that to happen, however. Besides, these are your parent’s wishes, and it is advisable to make the best of the situation so that the tenant does not destroy the property while living there.

It could be worse

If your parent’s estate plan is not drawn up properly, their partner could wind up with the property left to them outright. This means that you have been effectively cut out of the will because your parent’s partner will determine who inherits the property upon their death. This is another reason to make sure that you remain amicable with your parent’s partner.

It could go your way

If your parent did not involve an estate law professional, it is entirely possible that they just left you their house outright. In this scenario, you own the home, and you can decide whether to allow your parent’s partner to remain in the home as promised. They will not have any legal recourse at that juncture because any promises that were made were verbal and nonbinding.

This is just one scenario that highlights the importance of proper estate planning. If you have unusual requests for how your property is handled upon your demise, you may want to see an estate planning professional.