Bastrop, TX asked in Tax Law and Real Estate Law for Texas

Q: Two sons had older mobile home destroyed in flood in LaGrange, Tx. Both claimed for personal property with FEMA.

Only the older, more responsible son claimed for the house with FEMA. With FEMA money a residential lot was purchased and a new house was built by Mennonites. I did all the paperwork and put the deed in only that one son's name. Now , years later, the other son has been given 100% disability through the V.A. In Texas 100% VA disabled pay no property tax. Will we need a lawyer to get the second son placed on the deed? How does that work? Gift, sell for $1.00, just file a new deed with both names or just the 100% disabled son's name? Both live in & maintain the house.

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1 Lawyer Answer
John Cucci Jr.
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A: Adding someone to a deed is serious business. Do not take it lightly. People fight over it all the time.

If the present owner wishes to add his brother as an owner, it should be for a reason other than to escape taxes.

I believe the 100% disabled vet needs to only own a portion of the property to get the exemption, however, the vet MUST reside at the exempted property.

I would only tender 10% of the property. That must be done by a valid deed which requires the seller to sign the deed before a Notary Public, and requires a witness signature. I would get two witnesses.

Please have a lawyer do it for you, so it is done correctly. It should cost about $200-$450 plus the Clerk's fee.

Good Luck!

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