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Question about Texas Law: When an unmarried adult dies without a will...?
In Texas, when an unmarried adult dies without a will, do her belongings have to stay at the physical address if she was living in another person's home?
My sister in law recently passed away without a will, and my parents in law are her next of kin. SIL was living with friends in a home she didn't own. MIL is insisting SIL's belongings have to stay at SIL's physical address, but the home owner wants to put some things in storage until the state tells her what to do with them. Does the homeowner have the right to put the deceased's belongings in storage, or does she have an obligation to keep them at the physical address?
MIL does not want to administer (correct term?) the estate in probate, she's letting the State settle it.
The homeowner tried to make arrangements for the next of kin to take possession of the belongings, but MIL refused to take possession of them. MIL claims there is a legal reason all of the belongings have to stay at the physical address.
It doesn't matter under the law, but the homeowner was my sister in law's wife of ten years. There are some hard feelings on my Mother IL's side about the whole same-sex-marriage thing, and I believe she is intentionally being difficult.
6 Antworten
- ?Lv 7vor 1 JahrzehntBeste Antwort
Yes, they can put her belongings in storage. Texas does not recognize same sex unions. The homeowner is not required to keep deceased sister-in-laws belongings in her home.
- vor 1 Jahrzehnt
If there's no will, then everything goes to the Next of Kin, which would be the MIL.
That being said, that doesn't give her the authority to tell you SIL's friends what to do with them in their own home.
Everything that belonged to your SIL now belongs to your MIL. However, her friends can still pack them in boxes and put them in storage if they choose to. It's their home after all. However, they are indeed responsible for any damages to the belongings while in their position, unless your MIL leaves them there for an unreasonable amount of time.
Your SIL's friends can pack them up and put them in storage if they want to, but I'd STRONGLY suggest taking pictures of everything before putting them in boxes, so they document what condition they were in when they stored them. Just to cover their own butts.
- WRGLv 7vor 1 Jahrzehnt
Read the following link. http://www.mystatewill.com/statutes/tx_law.htm
It lays out the law on who gets what in Texas when someone dies without a will. I sort of doubt "owners of the house where the dead person was living" is going to be very far up the ladder.
- tonalc2Lv 7vor 1 Jahrzehnt
After brief research, I found nothing requiring a landlord to keep the property in her house.
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- vor 1 Jahrzehnt
As long as the roommate ensures that the goods are safe, she has no obligation to keep them at her place.
- MagnusMossLv 7vor 1 Jahrzehnt
The home-wners's actions are legal and appropriate. That's what I would do in her situation.
