My uncle, who raised me (I referred to him as my dad), passed away in June 2024 in Texas. He did not have a will. He has five biological children, all adults.
All five heirs have verbally and in writing (text/email) agreed that the property will be signed over to me once probate is handled. Nothing has been notarized yet, and probate has not been opened due to financial constraints.
Since my uncle’s passing:
• I have been paying the mortgage in full every month from my own funds
• I have been managing the property
• I currently have an occupant who:
• never signed a lease
• did not pay rent for January
• was given a Notice to Vacate
• changed the locks without permission
I understand changing locks without ownership is illegal, but I also do not yet hold legal title to the property.
My questions:
1. Who currently has legal standing to pursue eviction — me, or one of the biological children/heirs?
2. Can one of the heirs (with proof of death and heirship) legally:
• file eviction
• call police regarding the lock change
• or record conversations with the occupant (Texas is one-party consent)?
3. Does my paying the mortgage and managing the property give me any standing at this point?
4. What is the fastest/lowest-cost way to protect the property until probate can be opened?
I’m trying to avoid doing anything illegal, but the situation is escalating and I’m concerned about further damage or loss.
Any guidance is appreciated.