Texas Real Estate Law Questions & Answers

Q: can my father's wife sell joint property he died without a will

1 Answer | Asked in Real Estate Law for Texas on Jan 12, 2015

Answered on Jan 13, 2015

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Nancy Hui's answer
She (or you) will need to initiate some sort of probate proceedings to settle his estate before any assets can be sold. The exact nature of the proceeding will depend on the type of assets (e.g. separate, marital, real or person, if there is any right of survivorship etc), family situation and goals of the family. You should consult with a probate attorney to get answers to your specific situation.

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Q: My grandmother died, and the will was never probated. The house/land are just sitting. Can I take Ownership?

1 Answer | Asked in Real Estate Law for Texas on Jan 9, 2015

Answered on Jan 11, 2015

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Nancy Hui's answer
If there is a will, then the will should be probated so title can pass to the beneficiary according to the will. You can't just say you want it and then it becomes yours. You need to contact a probate attorney (not real estate attorney) to start the process. The longer you wait, the bigger a mess it will become if no one is taking care of the property.

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Q: 4 siblings own 25% of grandfathers properties and 2 people want to sell, what can my dad do to not sell?

1 Answer | Asked in Real Estate Law for Texas on Jan 6, 2015

Answered on Jan 7, 2015

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Nancy Hui's answer
He can offer to buy out the other 3 siblings shares. Otherwise the siblings can go to court and ask for a force sale. As for what price to pay, that will be something that he should negotiate with the sellers. It is not something set by the laws.

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Q: My MIL willed her house to my husband. He as owned it for over 20 years but never properly registered it with the county

1 Answer | Asked in Real Estate Law for Texas on Jan 6, 2015

Answered on Jan 7, 2015

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Nancy Hui's answer
I can't say for sure who the true owner of the property is without looking at all the documents. You should contact an attorney to discuss the case. As for whether your signature is needed to sell the property, a short answer is no because inherited assets are personal properties (instead of marital properties) even though the person is married. So your husband was the sole owner of the property before he sold it. He did not need your signature to effectuate the sale.

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Q: My mom passed away 5 years ago without a will how can I put the house in my name? I live in the house and I pay the taxe

1 Answer | Asked in Real Estate Law for Texas on Dec 21, 2014

Answered on Dec 27, 2014

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Nancy Hui's answer
Just living in the house or paying taxes does not give you the right to ownership of the house. If the house is in your mother's name, you will likely have to go through probate to get her property passed down to her heirs. It may be you, or it may not be your. At least not entirely. You need to discuss your case with a probate attorney.

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Q: M-I-L transferred title on her home to my husband. He died without a will. Can I transfer ownership back to her?

1 Answer | Asked in Real Estate Law for Texas on Nov 10, 2014

Answered on Nov 10, 2014

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Nancy Hui's answer
What you described is that your mother In law has the life estate and your husband has the remainderman interest. You have to see how the deed is written. It may say who is the successor remainderman if your husband does not survive her. But regardless, you do not have the authority to deed it back to your mother in law because there is never any interest passed down to you.

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Q: mom passed away left sis and I 50/50 homestead and a rent house I don't want to keep paying taxes on rental can I sell ?

1 Answer | Asked in Real Estate Law for Texas on Oct 3, 2014

Answered on Oct 6, 2014

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Nancy Hui's answer
If you and your sister are co-owners of the house, both of you have to agree to sell. If she does not agree, you will have to file a motion to the court for partition. You have to hire an attorney to do that for you. It is not a DIY project. You may also want to see if your sister agrees to buy you out. That way you don't need to go through the partition.

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Q: Spouse is illegal resident can we still purchase a home?

1 Answer | Asked in Real Estate Law for Texas on Jul 14, 2014

Answered on Jul 14, 2014

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Adam Martinez's answer
Yes. There is no requirement in Arizona that requires parties to be legal residents in order to purchase a home. However, if you are applying for a loan to purchase the property, then the lender may impose certain conditions before extending a loan. If you do not understand your mortgage representatives explanation of your lender's requirements, you may want to seek explanations from other mortgage brokers or agents.

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Q: How do we transfer a name to the buyer when an agreement to Sell Real Estate has been signed?

1 Answer | Asked in Real Estate Law for Texas on Jul 1, 2014

Answered on Jul 1, 2014

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Charles Snyderman's answer
Transfer of ownership is accomplished with a Deed signed by the owner. I recommend that you retain an attorney to help you with this. There's more to it than just signing the Deed.

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Q: When a deed to a house is in both names of a married couple(not rights of survivorship) and one spouse dies, who owns?

1 Answer | Asked in Real Estate Law for Texas on May 27, 2014

Answered on May 27, 2014

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Charles Snyderman's answer
You state that there was not rights of survivorship. Does the Deed state that the 2 owners who are named are husband and wife?

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Q: I am the seller; appraisal is $6k less. Can I give the buyer a timeframe to make a decision? Can I terminate?

1 Answer | Asked in Real Estate Law for Texas on May 23, 2014

Answered on May 26, 2014

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Charles Snyderman's answer
The answer depends on the language in the agreement of sale.

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Q: Is there a way to cancel a contract for sale of a home by the seller once a contract has been signed

1 Answer | Asked in Real Estate Law for Texas on May 17, 2014

Answered on May 19, 2014

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Charles Snyderman's answer
An agreement of sale for a home usually contains certain contingencies, such as mortgage financing, home inspection, pest inspection, etc. If any of these contingencies is not met, the contract can be cancelled at the option of a party or may even become automatically null and void. Check the terms of the contract. However, if all contingencies are met, neither party can cancel without the consent of the other party.

Despite the above information, almost anything can be negotiated. It...

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Q: Is the Lien holder liable for property taxes if the buyer fails to pay them?

1 Answer | Asked in Real Estate Law for Texas on Mar 3, 2014

Answered on Mar 8, 2014

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Edward J. Kazaleh's answer
Generally, No. That is not saying that the contracts among the parties could not make them liable if it was all agreed to. If you are asking if the taxing entity will go after you, they will only go after the property itself if it remains unpaid long enough to become a tax lawsuit.

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Q: I own two lots in travis county in Austin's etj. I want to build over the the common lot line. Can I?

1 Answer | Asked in Real Estate Law for Texas on Oct 17, 2013

Answered on Feb 26, 2014

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Edward J. Kazaleh's answer
Yes. Much easier than before now. There is a simple process for you to re-plat the lots if you are not in a restricted subdivision. Just go to the Travis County Engineers office or contact a lawyer.

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Q: I own a lot that someone has been using as drive thru to new construction next to my property without my permission.

1 Answer | Asked in Real Estate Law for Texas on Nov 11, 2013

Answered on Feb 26, 2014

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Edward J. Kazaleh's answer
You really should act fast to be try to be sure that the use does not establish a prescriptive easement over your land giving them legal rights and diminishing your properties value. Hopefully, that did not happen before you bought it.

You should sit down and have an Attorney evaluate the situation as soon as possible. We offer a no fee initial consultation by email or phone, or if you are local one of our offices, in person.

Edward Kazaleh

-------- EMAIL:...

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Q: Upon excavation for our new pool installation we found there was an existing pool that had been covered up. recovery?

1 Answer | Asked in Real Estate Law for Texas on Dec 17, 2013

Answered on Feb 26, 2014

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Edward J. Kazaleh's answer
That type of matter really deserves to be evaluated by sitting down with a real estate & litigation lawyer to evaluate the documents, disclosure and agreements made. It could be that you may have a claim that could be brought in Court for your damages and attorney's fees.

If you would like to set up a free consultation for that, please contact me.

Edward

EMAIL: propertylawyer@live.com

WEBSITE: www.bizlaw.pro

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Q: Buying a bank owned home and they said the roof is new however our inspector says it is not. Do they have to fix

1 Answer | Asked in Real Estate Law for Texas on Jan 24, 2014

Answered on Feb 26, 2014

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Edward J. Kazaleh's answer
Buying AS-IS means just that, unless there was deliberate fraud or concealment. The roof is open and obvious for your inspection, so it seems like you are getting what you asked for, an AS-IS sale without any obligation for the Seller to fix anything. Usually, the serious price difference more than makes up potential problems with an AS-IS home purchase.

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Q: In an earnest money contract, can I relinquish just my earnest money and walk away due to job relocation?

1 Answer | Asked in Real Estate Law for Texas on Jan 29, 2014

Answered on Feb 26, 2014

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Edward J. Kazaleh's answer
You may not have to do that...!

Let us have a look at your paperwork please!

For a free consultation contact me.

Edward

------- EMAIL: propertylawyer@live.com

------- WEBSITE: www.bizlaw.pro

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Q: My mother has been given acreage in a warranty deed here in Texas can she assign or transfer this land to me

1 Answer | Asked in Real Estate Law for Texas on Jan 10, 2014

Answered on Feb 26, 2014

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Edward J. Kazaleh's answer
While it really depends on the Deeds, in most cases land (without a mortgage on it and no conflicting claims) is freely transferable and she can transfer if over to you.

You will just need a Deed drawn up, sign it, get it notarized, and take it down to record it at County Clerk's Deed Records office.

I can help you with all of the above usually for a low FLAT FEE.

Please contact us if you need assistance.

Thanks

-----------Edward...

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