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Questions Answered by Alisha Melvin
1 Answer | Asked in Landlord - Tenant and Probate for Texas on
Q: Can I be legally evicted out of my parents home by a company that’s trying to buy the property? My parents are deceased.

My step dad brother is trying to sell the property. He has open a probate case and has been assigned Temporary Administrator

Alisha Melvin
Alisha Melvin
answered on Apr 29, 2024

The temporary administrator can handle the eviction if the court granted that authority in their order. There are many other questions that remain to answer this properly. Do you have an ownership interest in the property? If you are an heir with an ownership interest the administrator may need... View More

1 Answer | Asked in Probate for Texas on
Q: I was evicted from property I was having probated now that I started the probate and got a case number can I go back it

It was my dad's property it's 5 decedents but only one has access to the property I was told once I started probate none of the hiers could be denied access

Alisha Melvin
Alisha Melvin
answered on Apr 15, 2024

You will need to file a partition suit and potentially force the sale of the property if you all cannot agree on who will occupy the property. If you all are current heirs who will inherit then no one heir can exclude the other heirs from the property.

1 Answer | Asked in Probate for Texas on
Q: Can I file an Application for Probate Pro Se if my brother and I are co-executors and the only beneficiaries named?

Hello, my brother and I are co-executors and the only beneficiaries in our deceased parents will. They own a stock with Computershare that is now valued at $100k. My father passed first in February 2022 and my mother in this past Feb. She was in the process of getting us named as beneficiaries to... View More

Alisha Melvin
Alisha Melvin
answered on Sep 7, 2023

No you cannot probate pro se. That is not allowed as you are not an attorney or representing yourself but attempting to practice law when representing another or their estate. You will need to hire an attorney to probate the will and it does not appear to qualify as a muniment of title.

2 Answers | Asked in Probate for Texas on
Q: When you fire a probate lawyer. Do you have to pay her after that?

My lawyer is charging me for my emails to her , to the courts and to restract postings in the newspaper.

Alisha Melvin
Alisha Melvin
answered on Jun 1, 2023

If you have a balance or bill still due to the lawyer you still must pay the fees you incurred for their work on your behalf. That includes phone calls, emails, text messages, court hearings, conferences with other attorneys and the court and any other work performed on your behalf. READ your... View More

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1 Answer | Asked in Probate for Texas on
Q: I have a check issued to the estate of with my father's name on it . I am the only living son will it go to me

Texas law it should fall under small estate affidavit

Alisha Melvin
Alisha Melvin
answered on Apr 15, 2023

The check is payable to the Estate and will need to be deposited into an estate bank account in your father’s name to be distributed to the rightful heirs. If dad passed with or without a will will determine how to handle and also the amount of the check and size of the estate.

1 Answer | Asked in Probate for Texas on
Q: husband died w/o will & mortgage in his name bought b4 we wed. Does estate pay off mortgage b4 it pays $ to his daughtet

I’m the ind adm of estate. I’m disabled. She would be responsible for the principal on home & me the interest taxes and insurance and then when I die she gets home. We had to sell his other home to pay some other debts So do all the debts get paid including the IRS and mortgage before any... View More

Alisha Melvin
Alisha Melvin
answered on Apr 13, 2023

You mention quite a few things here. All debts are to be paid or settled before distributing assests to heirs. However, that does not mean paying off the house. As the administrator you really should be working with an attorney. Any attorney, not just the attorney who filed the case for you, as... View More

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... View 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... View 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... View More

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... View More

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2 Answers | Asked in Real Estate Law for Texas on
Q: How long do you have to wait to file a Adverse Possession after a parent has passed and there was not a will.

The land we have lived on for over 40 years is still in the grandmothers name and the other siblings are trying to sell it. We have paid the taxes on it since the death of his father, except for maybe one year. One of our daughters also live on the property. We have cattle on the 25 acres also.

Alisha Melvin
Alisha Melvin
answered on Jun 13, 2024

Adverse possession has many requirements to fulfill in order to claim. Hostile is one of those elements which means against the right of the true owner and without permission. Based on your question it sounds like you may have an ownership interest. It I am reading this correctly that would mean... View More

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1 Answer | Asked in Probate for Texas on
Q: Can I (Executor and beneficiary) pay myself back for a check made to me from sale of house in probate?

My deceased mother and I owned a home together that has sold. As per law, it was equally distributed. I received a check made out to me, and a check made out to the Estate. I inadvertently deposited both checks into the estate account. Am I legally able to reimburse my portion (exact amount) of the... View More

Alisha Melvin
Alisha Melvin
answered on Aug 12, 2023

Provided that you inadvertently deposited your own check as a part owner you should be able to correct that personal and bank error without any problems.

1 Answer | Asked in Probate for Texas on
Q: What are my steps to probate an estate?

Wife decd. 4-15-2019. There was no will. She had 1 daughter. Only property left is 1 auto, 2-1/2 lots & old frame building in Shepherd,TX.

I had local attorney that was helping me but he has health problems now and cannot help me.

Alisha Melvin
Alisha Melvin
answered on Jul 12, 2023

You will need to hire an attorney to file the will for probate if she passed with a will or to do a determination of heirship if she passed without a will. What county is Shepherd? Very sorry for your loss.

1 Answer | Asked in Real Estate Law for Texas on
Q: Is it legal for commercial contractors in Texas to add change fees if I didnt sign for nor was told the fees beforehand

I have an original contract but it does not address change orders. He sent me a final invoice with a bunch of change orders that he claimed was required by city. Contractor never informed me beforehand.

Alisha Melvin
Alisha Melvin
answered on May 26, 2023

The original contract determines obligations on each signers part. Anything deviating would would require more evidence of text, emails, etc.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Texas on
Q: Do I have an implied month to month rental agreement?

My lease ended on April 30. Prior to this I gave a 60 days notice in March. In mid April I submitted a request to retract the notice and I did this via email. At this time we switched to a different property management company and I did not get a response. When I would go to the office I would... View More

Alisha Melvin
Alisha Melvin
answered on May 20, 2023

The terms of your lease agreement are governed by the words within the lease. Despite what you told someone or they told you, your lease contract dictates the terms of your tenancy. So if your lease has expired and you are now month to month and retracted your original notice to terminate the... View More

1 Answer | Asked in Family Law, Elder Law and Probate for Texas on
Q: How can I find if there are case(s) coming up in court concerning a relative?

Brother is trying to get guardianship over my mom (in order to kick her out of her own home & put her in nursing home). She doesn't want that. She has been capable of living on her own with my help thus far. I'm trying to help her, but don't know what court or even what county... View More

Alisha Melvin
Alisha Melvin
answered on May 20, 2023

The county where your mother resides is the proper county for filing the guardianship. Depending on where you live you may be able to look up the case online. You will want to file an answer to his filing in that same court under the case number you find.

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... View 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... View 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 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... View 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.

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... View 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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