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    texasmercedes's Avatar
    texasmercedes Posts: 1, Reputation: 1
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    #1

    Feb 28, 2010, 04:39 PM
    Does a will supercede Texas Property code?
    I let me friend who was going through a divorce to move in with me on a month to month basis. Verbal contract, no written lease. 48 hours before divorce decree is signed, get gets sick and goes into a coma. Her emergency contact was myself at her work and her mother here at the house.

    She unfortaunatly died Friday. I have all of her stuff, and the Texas property code says to notify emergency contact and allow them to pick everything up. Her husband wants to come by to get everything. I am assuming she has a will and he is the executor of her will. I told him as landlord I cannot release anything until I see a will or gave it to the mother.

    The mother and husband are of course estranged and fighting. Here mother wants to give all of her clothes away, her husband, well I am not sure what he wants with a buch of ladies clothes.

    I am confused. Any help?

    Bold below is my question "Am I right to give to one party over another concenring the "OR"?

    Texas Statutes - Section 92.014: PERSONAL PROPERTY AND SECURITY DEPOSIT OF DECEASED TENANT

    (1) provide the landlord with the name, address, and telephone number of a person to contact in the event of the tenant's death; and

    (2) sign a statement authorizing the landlord in the event of the tenant's death to:

    (A) grant to the person designated under Subdivision (1) access to the premises at a reasonable time and in the presence of the landlord or the landlord's agent;

    (B) allow the person designated under Subdivision (1) to remove any of the tenant's property found at the leased premises; and

    (C) refund the tenant's security deposit, less lawful deductions, to the person designated under Subdivision (1).

    (b) A tenant may, without request from the landlord, provide the landlord with the information in Subsection (a).

    (c) Except as provided in Subsection (d), in the event of the death of a tenant who is the sole occupant of a rental dwelling:

    (1) the landlord may remove and store all property found in the tenant's leased premises;

    (2) the landlord shall turn over possession of the property to the person who was designated by the tenant under Subsection (a) or (b) or to any other person lawfully entitled to the property if the request is made prior to the property being discarded under Subdivision (5);
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Feb 28, 2010, 04:48 PM

    You can not give it to anyone but will have to store it, till

    The legal heir is decided by court.

    Unless they were legally separated ( court document) they are stlil married, and he will be the heir if there is no will, not the mother. So without will, he has a much better chance of being the heir.

    So personally it would all be stored, and the heir will pay you're the storage to get the items.

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