The Texas Health and Safety Code says assisted living facilities have the right to ban weapons.
Q: I live in an assisted living facility. The facility has a sign at the entrance stating that no guns are allowed. Does this prohibition apply to me? I am curious because I am a gun owner.
A: Yes, it applies to you.
Section 247.065 of the Texas Health and Safety Code states that an assisted living facility has the right to "maintain an environment free of weapons."
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Nursing homes and hospitals (which presumably include assisted living facilities) are also required under Section 411.204 of the Texas Government Code to post a sign, like the one you mentioned, giving notice that persons who are licensed to carry a handgun may not do so on the premises.
Q: My mom passed away Oct. 27. I know that she and her husband had wills drawn up by an attorney in Louisiana. How do I find out what her personal wishes were? I don’t feel comfortable asking my stepfather about this, but I also know that she would most likely have wanted me and my siblings to have some of her personal items. I am not looking to receive any money from her. How should I go about this?
A: One option is to check with the county clerk or probate clerk in the county where your mother died to see if a will has been filed for probate. If it has, it is now a public record, and you can request a copy without having to ask your stepfather.
Many counties have this type of information available online. If you are not able to obtain a copy yourself, you can hire a lawyer to do it for you.
If your mother named you as a beneficiary of more than $2,000 of assets, and if probate has already been started, notice of the probate and a copy of the will or a summary of the gifts that were made to you should have already been provided to you by the executor or the executor's attorney. Under Texas law, notice must be provided to you within 60 days of when the will is admitted to probate, assuming they know how to find you.
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If probate has not been started, your options are more limited. You can try reaching out to another family member you trust who has a good relationship with your stepfather to see if that person can find out if anyone other than your stepfather was named as a beneficiary of your mother's property.
Other than that, you will need to contact him to find out if your mother left you any of her personal items.
The information in this column is intended to provide a general understanding of the law, not legal advice. Ronald Lipman of the Houston law firm Lipman & Associates is board-certified in estate planning and probate law by the Texas Board of Legal Specialization. Email questions to: stateyourcase@lipmanpc.com.
Can I bring my gun when I move to an assisted living facility?
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09.04.2024
The Texas Health and Safety Code says assisted living facilities have the right to ban weapons.
Q: I live in an assisted living facility. The facility has a sign at the entrance stating that no guns are allowed. Does this prohibition apply to me? I am curious because I am a gun owner.
A: Yes, it applies to you.
Section 247.065 of the Texas Health and Safety Code states that an assisted living facility has the right to "maintain an environment free of weapons."
Advertisement
Article continues below this ad
Nursing homes and hospitals (which presumably include assisted living facilities) are also required under Section 411.204 of the Texas Government Code to post a sign,........
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