You have equal rights to the property's income and management decisions. If your brother has taken over without agreement, this could be seen as an exclusion, which might entitle you to compensation for your share of the property's rental value during this period.

You can also... View More

If you foreclose as the second position lender, there are several different ways things can go. At the foreclosure auction, if you credit bid the amount you owe and there are no other bidders, you become the owner of the property subject to the first position lender's interest. You have no... View More

Unfortunately, receipt of the notice is not required by law. As long as the foreclosure attorney has proof that the notice was sent by certified mail that is legally sufficient. Even if that is the case, you may be entitled to surplus money from the foreclosure auction, and you may also be able to... View More

I am sorry to hear about your girlfriend and the driver. In an accident that serious, you really should hire an attorney. You will need to get the driver's insurance information from the police report. You will then need to submit all medical records to the insurance company. You need to make... View More

Each of the sisters have a right to a copy of the will and trust. The ability to change the trust will depend on the language contained in it. If the oldest sister refuses to provide the estate documents, the other sisters can compel the production of those documents from the oldest sister.... View More

You will need to file for probate of your father's estate. Once the probate has been filed, whoever is appointed as the personal representative of the estate will be required to provide an accounting of the estate assets. You will need to monitor the probate process to make sure it is being... View More

A Lady Bird Deed (also known as an enhanced life estate deed) allows a property owner to retain control over their property during their lifetime and transfer it to a designated beneficiary automatically upon their death, without the need for probate. In Texas, this type of deed is often used to... View More

If you want to sue a city for an accident due to negligence, such as an injury on a city's hike and bike trails, you must follow specific procedures and timelines due to the concept of governmental immunity and the requirements under the Texas Tort Claims Act (TTCA).

Before filing a... View More

As the executor or personal representative, you have the authority to sell the property to pay off the estate’s debts as long as the deceased individual did not give the real estate to a beneficiary and as long as you were granted the power of sale. The court may require an order approving the... View More

As a co-owner, your girlfriend has the ability to enter the property and invite guests. However, if you intend to live there with her to the exclusion of her ex, you will both be liable for rent to the ex. If the ex also lives there, you alone may be liable for rent to the ex.

If your... View More

Yes, the mortgage must be paid at all times or the property will be placed into foreclosure. If the estate does not have money to pay the mortgage and a foreclosure is filed, you will need to get an answer filed to the foreclosure so that you will have enough time to sell the property.... View More

Here are some key points regarding the duties of a personal representative (the person in charge of handling the estate) and the rights of heirs in such situations:

Duties of the Personal Representative

Fiduciary Duty:

The personal representative has a fiduciary duty to act... View More

I am sorry to hear about your loss. If your girlfriend's father will not present the will to probate, you must do it yourself. Here are some things to consider regarding her handwritten will.

A holographic will (a will that is handwritten by the testator) can be considered valid if it... View More

In Texas, property acquired before marriage is generally considered separate property, while property acquired during the marriage is presumed to be community property. However, the situation can become more complex if community funds are used to pay for the mortgage or improve the property.... View More

You can leave paragraph 4 blank on the Petition for Discharge. It will be helpful to have the heirs sign a consent to petition though. An attorney is not required to submit this form. However, it may be helpful to enlist the service of an attorney to avoid any possible issues.

Schedule a... View More

It will depend on what the document says. However, if you agreed to something in writing, you are bound by the terms of the document that you signed under contract law unless there is a legal justification for you to not perform. Some examples of legal justifications to not perform under the terms... View More

Unfortunately, if your father's estate has debts, property cannot be transferred out of his name without paying the debts. You can try using a T-20 form at the tag office. However, there is section of the T-20 form where you have to swear under oath that the estate has no debts.... View More

The buyer will typically want to do an independent title examination and possibly purchase title insurance. Those things are usually done through the closing attorney or title company. If the buyer accepts your proposition to transfer the deed yourself, you will also need to collect the appropriate... View More

Unfortunately, if there was no will leaving anything to the fiancée, the fiancée will not be entitled to any part of the estate. The fiancée likely won't qualify as administrator of the estate either. It is possible that some non-estate assets may have been left to the fiancée like a life... View More

Yes, any of the four people can file for a partition of the property which forces a sale of the property. The money from the sale is then divided between the four owners.

Schedule a free consultation to make sure your interest in the property is protected.