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Texas Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Texas on
Q: how can I transfer property (house and lot) title to my name? My husband died and left no will, we lived together here

My husband and I were married and have been living here for 10 yrs. We bought this house together but I found out that my name is not in the title when he died. We were living in this house when he died at the hospital and he left no will.

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 19, 2024

The good news is that the property is yours until your death, automatically.

There can be a snag, if you had any children during the marriage. But, if you bought the property during the marriage, while you both lived in TX, and have no kids from the marriage, the property is yours alone....
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1 Answer | Asked in Real Estate Law, Civil Litigation and Landlord - Tenant for Texas on
Q: What is the utma law when it comes to a death by deed and how does it apply

Because when I did the death by deed for my father for my son to get it the property we were both under the impression he would not get it till he's 21 because of the utma law but I'm told recently that does not apply.

Teri A. Walter
Teri A. Walter
answered on Mar 15, 2024

If by "utma" you mean the Uniform Transfer to Minors Act, it doesn't apply if the transfer is made directly to the minor and not to a custodian. I assume when you say "death by deed" that you're talking about a transfer on death deed. With those assumptions, and the... View More

1 Answer | Asked in Civil Litigation, Real Estate Law and Landlord - Tenant for Texas on
Q: What is the utma law when it comes to a death by deed and how does it apply

Because when I did the death by deed for my father for my son to get it the property we were both under the impression he would not get it till he's 21 because of the utma law but I'm told recently that does not apply.

John Michael Frick
John Michael Frick
answered on Mar 12, 2024

In Texas, a minor can own property. A "transfer on death" deed (TODD) vests title in real property in the grantee upon the death of the grantor. The grantee's age is not a factor. So, for example, if your father owns a house, he could execute a TODD to your son that would transfer... View More

1 Answer | Asked in Land Use & Zoning, Gov & Administrative Law, Municipal Law and Real Estate Law for Texas on
Q: If electric power lines ask me to get estimate to move my resident in order to expand their right of way, who chooses?
Tim Akpinar
Tim Akpinar
answered on Mar 11, 2024

A Texas attorney could answer best, but your question remains open for two weeks. Sometimes a court decides, depending on nature of the matter and the respective positions of the parties. Large electric utilities usually have land use attorneys in their environmental affairs divisions. You could... View More

2 Answers | Asked in Real Estate Law, Divorce and Family Law for Texas on
Q: A wife was awarded the prop after the divorce from her husband. She never changed deed. She did a ToDD. What happens to

At this point? Does the individual who inherited the TODD inherit only 50% or the full 100%?

Teri A. Walter
Teri A. Walter
answered on Mar 15, 2024

The person who acquired the property from your wife by a transfer on death deed now owns whatever part of the property your wife owned, subject to any liens that may exist (such as mortgages or unpaid taxes). If your wife got 100% of the property in the divorce, and didn't transfer any of it... View More

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2 Answers | Asked in Real Estate Law, Divorce and Family Law for Texas on
Q: A wife was awarded the prop after the divorce from her husband. She never changed deed. She did a ToDD. What happens to

At this point? Does the individual who inherited the TODD inherit only 50% or the full 100%?

John Michael Frick
John Michael Frick
answered on Mar 11, 2024

If a wife was awarded 100% of the property upon divorce, her 100% interest passed to the grantee named in the ToDD upon her death.

While it would have been better for there to have been a special warranty deed from the husband to the wife at the time of divorce to remove the husband from...
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1 Answer | Asked in Contracts, Real Estate Law and Construction Law for Texas on
Q: PLACING A LIEN AGAINST A CONTRACTORS BUSINESS

I hired a contractor to fix my home after a Fire. He installed an HVAC System that the Ins company paid $18,000.00. THE STYSTEM WORKED FOR 3 WEEKS AND NOW THEY HAVE STOPPED ANSWERING MY CALLS. Can I put a lien against HIS Business? If so , whats the name of the LIEN that I need to file. PLease... View More

John Michael Frick
John Michael Frick
answered on Mar 11, 2024

No, there is no lien you can place against a contractor's business in this situation until you have first obtained a judgment in a civil lawsuit against the contractor.

If a new HVAC system was installed in your home, that system likely has a manufacturer's warranty. If the...
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1 Answer | Asked in Real Estate Law for Texas on
Q: Who is responsible for getting paperwork if the person wants to sell their part of the ownership of an empty land?

There are only two people on the Deed

John Michael Frick
John Michael Frick
answered on Mar 6, 2024

What paperwork?

In any sale of real estate, the seller is responsible for certain paperwork, and the buyer is responsible for other paperwork. The sales contract between the buyer and seller likely specifically discusses certain paperwork (e.g. title insurance policy, survey, etc.).

1 Answer | Asked in Real Estate Law for Texas on
Q: Do I have any legal options in a dispute with an RV park real estate deal that seems fraudulent?

Hello,

I have a question regarding the purchase of a plot in an RV resort park. It almost seems like this experience is an outright theft of my investment. Do I have any legal recourse? I would like to get my money back but thats not my primary motivation, rather, I do not want anyone else... View More

John Michael Frick
John Michael Frick
answered on Mar 5, 2024

In order to determine if you have legal recourse, an attorney will need to review the subject documents and discuss with you the particular facts and circumstances concerning your dispute with the RV park. You should contact an attorney with experience in contract disputes involving real estate in... View More

1 Answer | Asked in Real Estate Law, Land Use & Zoning and Municipal Law for Texas on
Q: Im harris county who owns the parkway the city or person ?

I’ve been having trouble with my neighbor she complains about us parking on her left parking spot on the road infront of the side walk . She complained about the car getting on the grass sometimes and we have fixed that issue now she’s complaining and threatening to sue or give us a ticket for... View More

John Michael Frick
John Michael Frick
answered on Mar 5, 2024

Generally speaking a public road and the area immediately beside it is owned by the owner(s) of the adjacent land but it is subject to a public access easement. A survey would be necessary to determine the exact line where the easement ends. As long as you remain in the area subject to the public... View More

1 Answer | Asked in Real Estate Law for Texas on
Q: Real estate Deed on Death question in the state of Texas. My husband found out a few days ago his mother and uncle were

left there fathers house when he passed in 1955. It was a deed on death. My husband's mother was never told this and she passed before the brother did in 1981. One of his sons is trying to sale the house and can't because my mother n law's name is one the deed. She was killed when... View More

John Michael Frick
John Michael Frick
answered on Mar 5, 2024

Assuming the transfer on death deed was properly executed and recorded, in 1955 ownership of the home passed to your mother-in-law and the uncle upon the death of your mother-in-law's father according to the terms of the deed.

When your mother-in-law died in 1981, her interest in the...
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1 Answer | Asked in Divorce, Family Law and Real Estate Law for Texas on
Q: Did the new refinance change who gets the equity?

I got divorced a few years ago and in the decree I was awarded the house and equity. After the divorce, my ex refinanced the house with me so that my payment would be lower. He now says he never agreed to give me the equity and that with the new loan agreement, he should get his half of the equity... View More

John Michael Frick
John Michael Frick
answered on Feb 26, 2024

Your question strongly suggests you did not follow the advice of your divorce attorney. If your divorce decree awarded you the residence, there should have been an accompanying special warranty deed from your ex-husband to you deeding the home to you and an accompanying deed of trust to secure... View More

1 Answer | Asked in Real Estate Law for Texas on
Q: Can I judge refuse to look at evidence for stolen property deeds was told if I wanted my land back should got lawyer.

My mother who is disabled on a fixed income and her siblings had their land stolen by their step sister when she had power of attorney for her father. He revoked power of attorney stating that she had no permission to do any of this he had no idea this happen until he went to pay taxes . He... View More

John Michael Frick
John Michael Frick
answered on Feb 26, 2024

It depends on many facts not stated in your question. A judge usually does not look at any evidence until a trial or evidentiary hearing on a matter. Prior to the trial/hearing, a litigant almost always has a duty to disclose his/her evidence in the discovery process. Evidence not properly... View More

1 Answer | Asked in Consumer Law, Real Estate Law, Business Law and Civil Rights for Texas on
Q: If I paid for a package for real estate licensing but got sick with a chronic illness can I get a refund?

I purchased a real estate package course however I got diagnosed with a chronic illness and was not able to attend school. I do have documents some are from my attorneys who are helping me file a disability claim or an SSDI claim. I guess my question would be is it right practice for them to... View More

James L. Arrasmith
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answered on Feb 24, 2024

While it ultimately depends on the policies of the institution or company from which you purchased the real estate licensing package, many organizations have provisions for refunds or accommodations in cases of unforeseen circumstances such as illness or disability. Providing documentation of your... View More

1 Answer | Asked in Probate and Real Estate Law for Texas on
Q: Probate question. My home was put as seperate prop instead of comm prop and now at risk for foreclosure. How can I fix?
John Michael Frick
John Michael Frick
answered on Feb 21, 2024

The best and fastest way to prevent a foreclosure is to pay off the debt which is secured by the home. Whether the home is your separate property or community property shouldn't significantly impact the foreclosure process. If you can't pay off the debt entirely, contact the lender and... View More

2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Texas on
Q: Does title company have right to ask for social security # and copy of deceased spouse & my will re land offer?

Land purchased by me in Texas as minor many years ago; my mother was on original document. I added my husband after our marriage 10 yrs later. Land was part of southwest scheme to take $ from people, never thought we'd be able to sell. My husband is deceased. I am ORIGINAL owner of this land.... View More

Anthony M. Avery
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answered on Feb 19, 2024

The SSN will get a reported capital gain to the IRS. The other items requested have to do with proving your source of title. If you do not wish to comply with them, ask for another title company or title insurance company to handle your transaction. Your potential will has no bearing on this... View More

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2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Texas on
Q: Does title company have right to ask for social security # and copy of deceased spouse & my will re land offer?

Land purchased by me in Texas as minor many years ago; my mother was on original document. I added my husband after our marriage 10 yrs later. Land was part of southwest scheme to take $ from people, never thought we'd be able to sell. My husband is deceased. I am ORIGINAL owner of this land.... View More

John Michael Frick
John Michael Frick
answered on Feb 19, 2024

If the title company is acting as the closing agent for the sale, it generally must report information concerning the sale on a Form 1099-S. That is why it is asking for your SSN. It is highly unlikely that a reputable title company will close the transaction without having the SSN for reporting... View More

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1 Answer | Asked in Real Estate Law for Texas on
Q: Request for Earnest Money Refund Options

I signed a contract to purchase a new house in Liberty Hill and paid earnest money along with an upgrade amount. Around the same time, I also bought a second home in Georgetown with the intention of making it my primary residence. However, I didn't end up moving into the Georgetown property as... View More

John Michael Frick
John Michael Frick
answered on Feb 16, 2024

While it depends on the particular contract, most earnest money contracts for a house with a financing contingency (which is common) provide that the earnest money will be refunded to the buyer if the financing contingency isn't met. Typically, the Buyer only has the obligation to apply for a... View More

1 Answer | Asked in Real Estate Law for Texas on
Q: I have a deed to my property and a small city says it is theirs for a proposed road. Has been blocked off for 20 years

Who has burdon of proof me or the city

John Michael Frick
John Michael Frick
answered on Feb 5, 2024

The plaintiff in any lawsuit will have the burden of proof. So it depends on whether you or the City is the plaintiff in any subsequent litigation.

Rights of way for existing or proposed roads may or may not be indicated on a deed itself. A typical Warranty Deed explicitly says:...
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2 Answers | Asked in Real Estate Law for Texas on
Q: Would it be possible to ever change my deceased mothers property to my name if she had no will.

My deceased mothers property is just sitting there and I've been paying her back taxes. When she was alive she stated she wanted to leave one lot and the trailer that's sitting on it to me and the other one with a trailer to my niece. I have 2 brothers and one sister I don't think... View More

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 4, 2024

Yes. To get it in your name exclusively, or exactly as your mom stated, you can have papers drawn up, including an Affidavit of Heirship, and agreements between your two brothers and your sister. If they all agree, you can have the property transferred as you stated. If they will not agree, you... View More

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