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Questions Answered by Cheryl Rivera Smith

2 Answers | Asked in Real Estate Law for Texas on

Q: Two people purchased a house, and one party wants to deed over their interest in the property to the other

What document should they use?

Cheryl Rivera Smith answered on Oct 1, 2012

Contact an attorney to prepare a warranty deed. It should cost about $100 plus filing fee.

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1 Answer | Asked in Real Estate Law for Texas on

Q: What remedy does a Texas Condominium have if the Board refuses to have an audit?

Cheryl Rivera Smith answered on Oct 1, 2012

If you suspect wrong-doing by the Board, then it is best for the other owners to get together and consult with an attorney.

1 Answer | Asked in Real Estate Law for Texas on

Q: Homeowner's Association breaches contract and suing me for non payment. What recourse do I have?

Cheryl Rivera Smith answered on Oct 1, 2012

Pay your back dues. If that is not possible, then possibly the HOA will offer a payment plan.

1 Answer | Asked in Real Estate Law for Texas on

Q: Can i rent a house that i was awarded in a divorce but my husband name is still in the deed.

Cheryl Rivera Smith answered on Oct 1, 2012

If you were awarded the house, then probably yes. Check your divorce decree for restrictions. You may want to record your decree so that your husband's name is taken off of the title.

1 Answer | Asked in Real Estate Law for Texas on

Q: A resident needs help with her estate: her children sold her house

Cheryl Rivera Smith answered on Oct 1, 2012

She should contact an attorney ASAP.

1 Answer | Asked in Real Estate Law for Texas on

Q: Is a contract for a home loan purchase valid if the property address doesn't match legal description.

Cheryl Rivera Smith answered on Oct 1, 2012

If there is a dispute, a judge will decide if it is a valid contract.

1 Answer | Asked in Estate Planning for Texas on

Q: Texas, surface rights split, selling timber, does this mean timber money will have to be split

Cheryl Rivera Smith answered on Oct 1, 2012

Absent an agreement to the contrary, timber income should be split.

1 Answer | Asked in Estate Planning for Texas on

Q: 83 yr old with little estate, does she need a will. Has only 1 sonb ut they have disowened each other.

Cheryl Rivera Smith answered on Oct 1, 2012

If she has a house, then she should have a will. If she dies without a will, and has no husband, son inherits all.

1 Answer | Asked in Estate Planning for Texas on

Q: My Sister Died, a single parent and had (1) Child of 19 years of ages.

Can her 19 year old daughter file a Affidavit of Heirship?

Cheryl Rivera Smith answered on Oct 1, 2012

Yes.

1 Answer | Asked in Estate Planning for Texas on

Q: Does a person have to have the beneficiary sign something if they decided to change beneficiaries?

Cheryl Rivera Smith answered on Oct 1, 2012

No, unless it is part of a contract.

1 Answer | Asked in Estate Planning for Texas on

Q: When there is an estate with 6 people listed, (1 for 50% & 5 for 10%) what happens when 4 members are deceased?

Cheryl Rivera Smith answered on Oct 1, 2012

The shares of the deceased members will typically pass on to their heirs.

1 Answer | Asked in Estate Planning for Texas on

Q: In, Texas, do I need a lawyer to probate an estate as a muniment of title?

Cheryl Rivera Smith answered on Oct 1, 2012

You may represent yourself. If you attempt to represent another, you are committing the crime of unauthorized practice of law.

1 Answer | Asked in Estate Planning for Texas on

Q: How large does an estate have to be to have to go through probate

Cheryl Rivera Smith answered on Oct 1, 2012

There is no requirement as to the quantity of the estate and the requirement of probate.

1 Answer | Asked in Estate Planning for Texas on

Q: How can i transfer executorship of a will to another family member?

Cheryl Rivera Smith answered on Oct 1, 2012

You ask the judge if it is an open probate. If it is your will, then the easiest way is to have a new will drawn up which revokes the old one.

1 Answer | Asked in Estate Planning for Texas on

Q: Regarding a durable POA, what does the requirement that it must be "acknowledged" a certain type "officer" mean?

Cheryl Rivera Smith answered on Oct 1, 2012

It means that it must be notarized.

1 Answer | Asked in Estate Planning for Texas on

Q: My mother passed away and left no will. How do my brother, father and I go about taking care of her assets?

Cheryl Rivera Smith answered on Oct 1, 2012

You can either open an heirship proceeding in probate court or use heirship affidavits to distribute assets.

1 Answer | Asked in Estate Planning for Texas on

Q: If you are an heir are you entitled to information as to the state of the estate ie: money spent and money received

Cheryl Rivera Smith answered on Oct 1, 2012

Yes. If you have a problem receiving the information, you should contact an attorney.

1 Answer | Asked in Estate Planning for Texas on

Q: What is a deed of trust?

Legally got title of the home in my name, yet there is an old deed of trust on file with the county. Is it legal that a person can have my home I bought and paid for?

Cheryl Rivera Smith answered on Oct 1, 2012

The deed of trust secures a note and is considered a lien on the property. If there is an old deed of trust that has not been released and the old note has been paid off, then request that it gives you a release of lien that can be filed of record and will clear your title.

1 Answer | Asked in Estate Planning for Texas on

Q: Do I have to go to court to set up a special needs trust or a supplemental needs trust?

Cheryl Rivera Smith answered on Oct 1, 2012

No. You contact an attorney who is familiar with trusts of this type.

1 Answer | Asked in Estate Planning for Texas on

Q: What's the easiest way to pass my home on to my children when I die?

Cheryl Rivera Smith answered on Oct 1, 2012

Probate is very inexpensive and easy in Texas. As long as you have no estate tax issues, in my opinion, the best way to pass on your estate is with a good will.

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