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Questions Answered by Teri A. Walter
1 Answer | Asked in Real Estate Law for Texas on
Q: Can a persons girlfriend lay claim to family owned property if her boyfriend got locked up. And she wont vacate?

My father owns property selling to his sister. Which she allowed her son and his girlfriend to reside on property. Her son got locked up and the girlfriend is claiming property.

Teri A. Walter
Teri A. Walter answered on Oct 21, 2021

The answer to this question will be found in the documents, and your post is not at all clear what is happening.

Is the sale on a contract for deed, or has the property already been conveyed, subject to a note and deed of trust? Are the son and/ or girlfriend tenants? What kind of...
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1 Answer | Asked in Consumer Law for Texas on
Q: Can my storgage unit landlord lock me out of my unit for alleged damge to another unit?

In August 2021 upon moving in i was backing up and tapped the side of a storage unit. I did report the incident to the office and the maintenace man confirmed that this has been damaged previously. Yesterday I was emailed an invoice for $2,600 for the replacment of the roll up door. No other... Read more »

Teri A. Walter
Teri A. Walter answered on Oct 21, 2021

I suggest you talk to them and try to work it out. But yes, damage to any part of the property would be grounds for locking you out.

1 Answer | Asked in Appeals / Appellate Law for Texas on
Q: If u get evicted an make an appeal

If u get evicted an make an appeal and pay the bond and a month of rent to court do they give u the whole month howitworhowitworks

Teri A. Walter
Teri A. Walter answered on Oct 21, 2021

If you pay your rent into the registry of the court every month during the appeal, those payments will be applied towards any judgment the landlord recovers against you. If you don't, your appeal is likely to be dismissed.

2 Answers | Asked in Bankruptcy for Texas on
Q: During Chapter 7 Bankruptcy, is it normal for the trustee to ask for your unemployment application?

I filed for chapter 7 in Texas with over 10,000 in checking accounts. 100% of this money is from unemployment compensation so I claimed it all as exempt. I told my trustee that at 341 meeting, and he said that it might not be exempt.

I was expecting him to ask for bank statements which... Read more »

Teri A. Walter
Teri A. Walter answered on Oct 21, 2021

There's nothing unusual about a bankruptcy trustee looking for evidence that property is exempt.

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1 Answer | Asked in Probate for Texas on
Q: My great aunt died, she has custody papers on me, I was wondering if they would work for a house in probate

She had custody of me and my brother since I was 2 and I'm 34 now and her house and items are in probate so I'm trying to find out if we are considered her children as well and if we have any right to her house?

Teri A. Walter
Teri A. Walter answered on Oct 15, 2021

Unless you were adopted, you are not an heir. If you are not an heir, are not a beneficiary in a will, and have no other documents giving you rights to some of your aunt's property, then you have no rights to any of your aunt's property.

1 Answer | Asked in Real Estate Law for Texas on
Q: If I quit paying property taxes on 3 acres of land in Texas county because I don't want it(landlocked). What happens?
Teri A. Walter
Teri A. Walter answered on Oct 15, 2021

At some point, the county will probably foreclose on the property. If they don't get enough from the foreclosure sale to satisfy the outstanding taxes (and penalties and interest) you'll still be liable for whatever is unpaid.

Instead, you might want to look into arranging an...
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1 Answer | Asked in Contracts and Securities Law for Texas on
Q: I have recently purchased a vehicle and finance company sends loan information to my employer

Purchased a vehicle yesterday, submitted proof of income (check stubs) as well as contact information to my corporate office to verify employment. Finance company contacts me to say no one was answering the phone at corporate, so I gave her an email address to send the verification. With the... Read more »

Teri A. Walter
Teri A. Walter answered on Oct 15, 2021

While I agree that they sent more information than was probably necessary, you don't have any apparent damages as a result of this action, and no claim arises from the facts you describe.

1 Answer | Asked in Real Estate Law and Probate for Texas on
Q: In Texas, does a will have to be notarized on the date it was printed out ? Or can it be notarized at any given time ?

I am trying to help my elderly mother make a will. The date I printed all the forms was July 23, 2021. Can I still use those forms and get them notarized ? Or do I need to make a new will since this one was printed two months ago ?

Teri A. Walter
Teri A. Walter answered on Oct 14, 2021

The self-proving affidavit on a will must be signed with the testator, two witnesses, and a notary all present at the same time. The date on the document should reflect the date they all sign. The date the document was printed doesn't matter.

1 Answer | Asked in Real Estate Law for Texas on
Q: How can I buy a home my wife isn't crazy about but she's willing to sign waiver papers at close of escrow?Texas

She doesn't want to be on title but is willing to sign any waiver on purchase. Texas is community property state.

Teri A. Walter
Teri A. Walter answered on Oct 14, 2021

All property acquired during the marriage is presumed to be community property, regardless of who is on the title. If you're getting a mortgage, the lender will require her to sign the deed of trust whether she's on the title or not.

1 Answer | Asked in Real Estate Law for Texas on
Q: How can I buy real estate in TX without my wife being on the documents? Can she sign a waiver at closing?
Teri A. Walter
Teri A. Walter answered on Oct 14, 2021

You can certainly buy property without your wife being on the deed, but she will likely have a community property interest in the property anyway. You can buy property with a mortgage, without her on the note, but the bank will almost certainly require her to sign on the deed of trust, which... Read more »

1 Answer | Asked in Arbitration / Mediation Law, Estate Planning and Real Estate Law for Texas on
Q: Dead divorced parents no will

Both of my parents died in 2016. They were divorced in 1982 and in their divorce decree it states the home they owned was to be put in mine and my sisters name upon turning 18 at which point we could sell or live in. My father has another child from his second marriage is she entitled to any of... Read more »

Teri A. Walter
Teri A. Walter answered on Oct 14, 2021

The answer depends on who owned the property at the time of your parents' deaths. If you and your sister owned the property, then your parents' death doesn't give anyone else rights to the property. If your parents still owned the property, then all of their heirs (either under a... Read more »

1 Answer | Asked in Real Estate Law for Texas on
Q: My daughter had a signed lease agreement to move into a house on 10/1. Today she is told other Tennant not moving out.
Teri A. Walter
Teri A. Walter answered on Aug 31, 2021

Sounds like her new landlord is in breach - which may be because the former tenant refused to move. Without knowing more, it's impossible to say what the best solution would be, but I'd start by talking to the new landlord.

1 Answer | Asked in Employment Law, Family Law, Business Law and Employment Discrimination for Texas on
Q: How to enforce or compel the texas subpoena that was served according to § 24-13-112 . Should I file compel in TX or GA?

How to enforce or compel the texas subpoena that was served according to § 24-13-112 . Should I file compel in TX or GA?

Should I motion to compel in GA along woth motion to transfer to texas court? Bcoz case is pending in Texas court.

Teri A. Walter
Teri A. Walter answered on Aug 31, 2021

If the case is pending in Texas, then presumably there's no case in Georgia in which to file a motion to compel.

2 Answers | Asked in Real Estate Law for Texas on
Q: I'm needing to transfer deed of parent by affidavit of heirship. Is there a timeframe of death for filing?

There's no will or durable power of attorney. Parent's was living with me at time of death; 17 mos. Do I file in Hays Cty or place of property Victoria Cty?

Teri A. Walter
Teri A. Walter answered on Aug 31, 2021

An affidavit of heirship does not transfer property, but merely gives notice of who the heirs are, which depends on the factors mentioned by Mr. Cucci. It should be filed in the county where the property is located, and there is no deadline for doing so.

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1 Answer | Asked in Real Estate Law for Texas on
Q: Tx if my spouse & I are currently on the mortgage & title yet spouse wants to refiinance w/ just their name. Pros&Con

I would remain on the title just not the mortgage. What are the pros and cons just want to make sure my kids and I are protected in case anything ever were to happen.

Teri A. Walter
Teri A. Walter answered on Aug 30, 2021

Protected from what, exactly?

If the refinance happens and you don't sign on the note, you would not be liable on the mortgage, however the lender will almost certainly require that you sign a deed of trust to secure the mortgage loan. That means that even if you're not...
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1 Answer | Asked in Landlord - Tenant for Texas on
Q: Can I be charged with anything if I kick open my bedroom door that is locked?In Texas.

My wife is locked in our bedroom?

Teri A. Walter
Teri A. Walter answered on Aug 30, 2021

If you don't own the property, your landlord will hold you liable for damages to the house. If you hurt anyone in the process, you could be liable for battery, and it's probably an assault on your wife anyway, even if you don't hurt her. Don't do it.

1 Answer | Asked in Contracts and Real Estate Law for Texas on
Q: Lease summary and details have different information and I am facing fees for it. What are my rights? -apartment lease

My lease says I require 30 days notice for year contracts and 60 days notice for month to month. but on the summary of the lease it just says 60 days for all tenants. I gave 30 days notice after seeing the contract and they will not let me move out without a fee. What are the things I could say to... Read more »

Teri A. Walter
Teri A. Walter answered on Aug 30, 2021

The lease is the contract, not the summary. Where the two conflict, the lease controls.

1 Answer | Asked in Banking, Business Formation and Business Law for Texas on
Q: My friend and I want to start an investment LLC but we have stipulations we’d like to get in writing to legally outline

We have the idea but need to know what we’re missing since we feel that we’d need a lawyer to help us fill in gaps and assist us with questions as well

Teri A. Walter
Teri A. Walter answered on Aug 30, 2021

You need to contact a business lawyer in your area to discuss exactly what you mean by "an investment LLC" and what "stipulations" you want. It's possible that you're trying to do something you need to be licensed for, and/or for which you need to register the securities being sold.

1 Answer | Asked in Employment Law for Texas on
Q: Can my employeer fire me if I recuse to get the covid19 vaccine
Teri A. Walter
Teri A. Walter answered on Aug 24, 2021

At present, the answer appears to be yes.

1 Answer | Asked in Business Formation for Texas on
Q: Hello - i need help drafting an LLC operating agreement. Would appreciate any help on this matter.
Teri A. Walter
Teri A. Walter answered on Aug 24, 2021

You'll need to contact a lawyer in your area who does this. Because LLCs can be so flexible in how they're operated, and in separating the ownership from the right to run the company and the right to profits, LLC operating agreements can be either pretty simple or very complex, depending... Read more »

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