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Questions Answered by Matthew S Tadlock
1 Answer | Asked in Estate Planning and Probate for Texas on
Q: Can a man disinherit his half brother from his fathers estate if the father and brother never met or made contact with

They never met, never spoke, never made any kind of contact but father was forced to pay child support

Matthew S Tadlock
Matthew S Tadlock answered on Sep 19, 2016

The half-brother cannot disinheit anyone outside of his own heirs. The father would be the one to disinherit someone in his will.

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Texas on
Q: If the home is in my husbands name with his ex wife will she get the house if he dies? In the will he gives it to me.
Matthew S Tadlock
Matthew S Tadlock answered on Sep 19, 2016

That depends on his divorce decree. At the very least, you would get the 50% interest. But a probate lawyer would need to review the divorce decree to know with 100% certainty who gets what.

1 Answer | Asked in Estate Planning for Texas on
Q: Can an attorney in fact gift himself or herself property from whom she is an attorney in fact for. With a power of att.
Matthew S Tadlock
Matthew S Tadlock answered on Sep 19, 2016

Possibly, but that would depend on whether the power of attorney gives the power of gifting any part of the estate.

1 Answer | Asked in Estate Planning for Texas on
Q: My mother's will states that when she passes away, house will be sold & proceeds will go to us siblings.

One sibling is deceased, does his wife or adult children get his part ? We all live in Texas, including my mom.

Matthew S Tadlock
Matthew S Tadlock answered on Sep 19, 2016

The will should state what happens to your sibling's share. You should have it reviewed by a lawyer to verify.

1 Answer | Asked in Estate Planning and Probate for Texas on
Q: I hear it's not good to appoint two executors to your will. Why?
Matthew S Tadlock
Matthew S Tadlock answered on Sep 19, 2016

It's not ideal to have two independent executors of your estate because they can each act independently of each other - devising assets away without notifying the other executor.

1 Answer | Asked in Contracts and Real Estate Law for Texas on
Q: If you sell real estate on a rent to purchase basis and the purchases become unable to pay. What is your recourse
Matthew S Tadlock
Matthew S Tadlock answered on Sep 19, 2016

Depending on how the agreement is structured (which can be very tricky), the purchaser become tenant, not a purchaser. It's best to have this one reviewed by a real estate lawyer for a full answer on all your options.

1 Answer | Asked in Landlord - Tenant for Texas on
Q: Can the owners of my complex still take legal action if the balance is paid in full the same week they file?

It's so stupid... will the judge dismiss it. We have a legitimate reason why it got this far. Hope the judge has a heart. These people just don't care

Matthew S Tadlock
Matthew S Tadlock answered on Sep 19, 2016

They shouldn't have filed after the balance was paid, unless there are other unresolved issues/defaults of the lease.

1 Answer | Asked in Probate for Texas on
Q: How do my siblings and I handle my father's estate now that has died without a will? Mother did 6 months ago.

There is a home with belongs and one vehicle. The house has an equity loan attached. Mother also died without a will. Home is located in Denison, TX

Matthew S Tadlock
Matthew S Tadlock answered on Sep 19, 2016

You can probate his estate or use Affidavits of Heirship to sell the vehicle and the house. Which one depends on a few more facts. You'll need to at least consult with a lawyer that handles probate prior to making the decision about which one.

1 Answer | Asked in Probate for Texas on
Q: My friend's Dad died without a will.

He always referred to his stepson as his son and he was named as such in the obituary. I think the Dad also said he always wanted the stepson to be treated like his bio kids. Does the stepson have any claim here?

Matthew S Tadlock
Matthew S Tadlock answered on Sep 19, 2016

If there was no Will, then the default Texas rules would not allow the stepson to be an heir, unless the deceased adopted the stepson before the stepson was 18 years old.

1 Answer | Asked in Estate Planning and Probate for Texas on
Q: Can I sell my deceased mother's cars, her husband agrees, before going through probate, if we go through probate?

We (her husband, my step dad, and myself are the only heirs and are in agreement) are uncertain if we are going through the probate process in Texas but we are trying to liquidate assets in order to pay for lawyer's fees and we are wondering if we can use the affidavit of heirship from the DMV to... Read more »

Matthew S Tadlock
Matthew S Tadlock answered on Sep 19, 2016

The Affidavit states that you will not be offering the will for probate. If you plan on going the probate route, then you may want to hold off on using the Affidavit of Heirship until you've talked with a lawyer.

1 Answer | Asked in Business Law and Gov & Administrative Law for Texas on
Q: I filed my business name as a Sole Proprietorship, Would it be best to incorporate for government contracting?

I want to export building supplies, plastics and oilfield and mining equipment to Mexico, Peru and Chile. I also want to get into government contracting. I am a disabled female veteran owned minority business and a lot of the websites ask for a DUN's and EIN numbers. Before I acquire this, I think... Read more »

Matthew S Tadlock
Matthew S Tadlock answered on Sep 19, 2016

An LLC or a Corporation is essential to protecting business owners from liability (it will also allow you to get an EIN). Operating as a sole proprietorship leaves one open to personal liability.

1 Answer | Asked in Business Law for Texas on
Q: When suing an LLC, do you list the owner name and LLC or simply the LLC. Ex. John Doe d.b.a. ABC Contracting or ABC Co.
Matthew S Tadlock
Matthew S Tadlock answered on Sep 19, 2016

A limited liability company (L.L.C.) is it's own legal entity. If you want to sue the owner individually, then list his name. If you are suing the company, then the LLC should be listed.

1 Answer | Asked in Landlord - Tenant for Texas on
Q: Can a landlord legal tell you to move out because he selling the house
Matthew S Tadlock
Matthew S Tadlock answered on Sep 19, 2016

It depends on what the lease states. However, most leases allow the landlord to terminate the lease with 30 days notice (they do not have to give a reason).

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Texas on
Q: What do I do if manager of my apts refuses to fix leaking ceiling proper & won't give landlord info to file small claim

Our bathroom ceiling has been leaking since we moved in in 2014 they are aware its been going on since we moved in. On a few occasions my toddler son slip and fell due to floor being wet from it. The only time that we can get them to fix it is by calling the city code enforcement and even then... Read more »

Matthew S Tadlock
Matthew S Tadlock answered on Sep 19, 2016

The county appraisal district likely has the information, which is typically online and searchable by address. That will give you the entity that owns the building and is responsible for repairs. Then the Texas Comptroller's website will have information on that entity name, such as the Registered... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Texas on
Q: Can an incompetent person legally give his land away?

My sister had my dad declared unfit to handle his social security check. After she got his check, she had someone notarize him signing his property over to her.

Matthew S Tadlock
Matthew S Tadlock answered on Sep 19, 2016

A person must have capacity at the time of signing the contract and the deed in order to convey real property.

1 Answer | Asked in Real Estate Law and Probate for Texas on
Q: I have to get the original copy of the will which my sister has. The problem is, she won't give it to me, what do i do ?

My Mom died and in her will, she left me her house. The will was finalized in court last year and the attorney sent me the title to my mom's house. I did all the repairs and put the house up for sale and on July 1, 2016 i found a buyer. After several weeks i was notified there was a problem with... Read more »

Matthew S Tadlock
Matthew S Tadlock answered on Sep 19, 2016

The original Will is needed for probate. However, a copy of the Will can be probated. I'm not sure why the Title Company would want an original, especially if there was a probate (as the court would have the original). The Title Company would need the executor's signature on a deed transferring the... Read more »

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Landlord - Tenant for Texas on
Q: Whats the minimum time an unauthorized roomate has to leave when told by the land owner.

I was invited to live on a piece of land by a friend who had a lease stipulating 4 people could live there. 6 weeks after i moved in the land owner gives him a letter of eviction giving him 30 days to leave as stipulated in the lease agreement, in the same letter she gave me 48 hours to vacate... Read more »

Matthew S Tadlock
Matthew S Tadlock answered on Sep 19, 2016

Unless the lease states otherwise, the minimum in Texas is a 3 Day Notice to Vacate. Certainly, if you're not out by end of the 30 Day period, any eviction the landlord files will include you as well.

However, it sounds as if the landlord is merely terminating the lease due to her insurance...
Read more »

1 Answer | Asked in Real Estate Law and Foreclosure for Texas on
Q: I owe to the HOA but foreclosure is not in the bylaws. How can I satisfy the balance on the mortgage and move?

This is in Texas. The HOA put a lien a few years ago. I am current with my mortgage but not with the HOA. What is my best option to break even with the mortgage and get out of here?

Matthew S Tadlock
Matthew S Tadlock answered on Sep 19, 2016

Breaking even will depend on the amount remaining in mortgage debt, the amount owed to the HOA, and the purchase price. The HOA and mortgage will need to be paid off at the time of any sale or before.

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