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Questions Answered by Alisha Melvin
2 Answers | Asked in Estate Planning and Probate for Texas on
Q: Can I use an Affidavit of Heirship at Wells Fargo to close my deceased mother's checking account?

I am trying to avoid probate since my mother's assets total $3000. After three phone calls to Wells Fargo estate department, they say that I need either a Order/Judgment of Heirship, or an Order Admitting the will to Muniment. The probate clerk in Texas said that if I file the Affidavit of... Read more »

Alisha Melvin
Alisha Melvin
answered on Mar 15, 2023

The banks will not relase funds without you getting an order and letters from the court. Eventually the funds will escheat to the state as unclaimed property and for that small amount you will be able to use the heirship affidavit.

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2 Answers | Asked in Real Estate Law, Divorce and Family Law for Texas on
Q: My ex is trying to put our home in foreclosure to spite me. Is there a way around it?

After a DV situation I left the home for safety. The divorce that followed said I was owed x amount of dollars when it was sold. A few months after I left, he did too. He informed my child that he was letting the house go into foreclosure. That way I got nothing and would be unable to save my... Read more »

Alisha Melvin
Alisha Melvin
answered on Mar 15, 2023

First, let me say how sorry I am that you and your child are going through this. You can file a suit to Partition and Force the Sale of the Property since you stated it is in both of your names. The legislature has recently allowed for this remedy to be an easier process.

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1 Answer | Asked in Landlord - Tenant for Texas on
Q: Can a landlord in Texas force you to move out before the lease is up so that they can make unsolicited repairs and impro

Unsolicited repairs and improvements?

Alisha Melvin
Alisha Melvin
answered on Mar 10, 2023

Absent language in your lease to the contrary, a landlord cannot terminate your lease early for repairs unless the repairs needed are to address a dangerous, hazardous or safety issue. Typically, a landlord should make other arrangements for your housing while repairs are made. You should then be... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Texas on
Q: Inherited rental property question

Just inherited an old rental property that has had a couple living there for decades. There is no current official contract, and we told the tenants we would keep the payment agreement that was set in place before former owners passed away. After recently visiting to make repairs, we discovered... Read more »

Alisha Melvin
Alisha Melvin
answered on Feb 7, 2023

Has the property already been transferred to your name as owners? I would have the property inspected by a reputable home inspector. At the very least I would get a a comparative market analysis and/or appraisal to see if you can pull out any funds to make the necessary repairs. If you are... Read more »

1 Answer | Asked in Real Estate Law for South Carolina on
Q: Unmarried-splitting up. Both names are on the house deed - only his name is on the mortgage. I want the house. Now what?

We purchased the home not quite a year ago. Now he wants to split up after 8 years together. Both of our names are on the deed but the mortgage is in his name only. I want to stay in my house. I am not expecting him to pay the mortgage, I will pay it but the mortgage. He had the better credit so we... Read more »

Alisha Melvin
Alisha Melvin
answered on Feb 5, 2023

Were you husband and wife going through a divorce or just purchased the home together while single? I would need this information to properly respond.

3 Answers | Asked in Probate and Estate Planning for Texas on
Q: Texas situation mother deceased October 2022, she has Trust handled by attorney in SA. Cannot find her Will. What to do?
Alisha Melvin
Alisha Melvin
answered on Feb 5, 2023

Sorry to hear about your mothers passing. If she had a trust created then she can typically bypass the probate process. Verify that the trust has been funded properly and properly executed. Oftentimes, trusts will be drafted together with a pourover will. So you can probate that pourover will... Read more »

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2 Answers | Asked in Real Estate Law for Texas on
Q: Who is responsible to repair shared fence between neighbors?

I have a shared fence with a neighbor that's leaning towards their side. It was already like this when I recently bought the house months ago. They wrote to me that they had the fence completely replaced including new posts in 2008. That is why they have the picket side, while I have the post... Read more »

Alisha Melvin
Alisha Melvin
answered on Feb 4, 2023

Both homeowners are responsible for their share of the repair expenses. You all should get a few estimates and then agree on the split of the repair costs.

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2 Answers | Asked in Real Estate Law for Texas on
Q: Are there any specific contract terms required for sale of home in probate in Texas by an independent administrator?

Some websites claim it must be 90% of appraised value and buyer must put 10% down with no contingencies.

Alisha Melvin
Alisha Melvin
answered on Feb 3, 2023

There are not specific contract terms other than listing the true owners name. Most often you will be acting for “ The Estate of ____” so that language may be necessary.

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1 Answer | Asked in Real Estate Law for Texas on
Q: Does sale of home in probate in Texas by an indpdnt admin have to close in court, or can close at regular title company?
Alisha Melvin
Alisha Melvin
answered on Feb 3, 2023

You may close at any title company. You should have your letters of administration which grants you the authority.

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