Get free answers to your Real Estate Law legal questions from lawyers in your area.
I cut across private property in Addison while looking for a restaurant. What should I do in this situation?
answered on Mar 21, 2025
It does not appear that there is anything for you to do at this time. In the future, however, you should avoid entering private property without the permission of the owner especially if there are indications, like no trespassing signs or fencing, that the owner is restricting entry.
I'm in the process of selling a property after a divorce. The divorce decree clearly states that I have no debt, yet there is a HELOC loan taken jointly by my ex-spouse and me. Am I responsible for the HELOC loan repayment during the sale of the property considering the terms of the divorce decree?
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answered on Mar 21, 2025
Under Texas law, your divorce decree may state that you are not responsible for any debts, but lenders are not bound by divorce decrees—they are only bound by the original loan agreement. If you signed the HELOC (Home Equity Line of Credit) jointly, the lender can still hold you personally... View More 
I am trying to determine the next in line for inheritance for an estate in Texas without a will. The deceased had no children and was never married. Both parents and grandparents have passed away. I am a first cousin. If one cousin is deceased and their spouse is also deceased, would their children... View More
answered on Mar 20, 2025
Take your family tree starting with the decedent's grandparents and including all of the grandparents' deceased descendants to a probate lawyer in or near the county where you live.
With the decedent being single and childless, and both parents having died first, the... View More
I am listed as an heir to a Texas estate that only has a property asset with past due property taxes. I live in New Mexico and have been served with a 'Citation in Delinquent Tax Suit' on March 10th. There are six other heirs, and we have discussed the situation but have not taken any... View More
My stepfather is trying to evict me since my mom's passing on March 10, 2025. There was no will in place. I have been paying the HOA fees, repairs, and upgrades for the past 9 years. The house was jointly owned by my mother and stepfather. My relationship with my sister and niece is great, and... View More
answered on Mar 18, 2025
There is a lot going on with your question. The basics are that if your mom and step-father have been living in the house together for over a year, and he has no other house to live in, you can not kick him out. He can stay there for the rest of his life, if he wanted.
If you have been... View More
I am considering filing a Bill of Review lawsuit due to a wrongful sale of my family's property in Texas. One of three lots was sold in 2024 by the appraisal district without providing any notice of sale, which is required by law. We were caught up on all taxes up to 2020 after receiving a... View More
answered on Mar 18, 2025
A bill of review may or may not be the correct procedure depending upon the facts. These case can become quite complex. You need to consult an experienced attorney with specific bill of review experience in or near the county where the property was located. I do have such experience and practice... View More
I am considering filing a Bill of Review lawsuit due to a wrongful sale of my family's property. The appraisal district sold one of three lots without any notice of sale, which I believe is required by law. We were caught up on all taxes since 2020 after receiving a notice of sale at that... View More
I live in Texas, and a judge signed an order to assign a receiver over my residential property due to alleged code violations. Although I have a certificate of occupancy, I've been treated as if I do not have one. The city attorney allegedly interfered with my compliance efforts, including... View More
I recently discovered that my brother intentionally filed a Warranty Deed with his father for the entire property, despite knowing that my mother is a co-owner. A computer glitch in 2010 had deleted my mother's name from the Comptroller's records. The Comptroller’s office has since... View More
I am dealing with a situation where my signature was forged on a bill of sale for my mother's property, which I inherited after her passing. Unfortunately, I didn't change the deed into my name before selling it to cover funeral expenses. The bill of sale now has my allegedly notarized... View More
answered on Mar 18, 2025
You say you sold the property to cover funeral expenses. So the best course of action is to reprint the bill of sale and sign it now, then send it to the buyer to replace the bill of sale with the forged signature.
I am part of a young homeowners association (HOA) and we are preparing to charge interest for late payments of annual HOA dues for the first time. Our HOA documents state that we charge the lesser of 18% per annum or the maximum rate permitted by law. The policy was established around 2015, but we... View More
I've discovered a transcription error on a real estate deed from over 50 years ago. The deed lists "Roberts G S L Roberts," but there is no known connection to the "S" in our family history—only George and Lennie Roberts are recognized. The person named on the deed is... View More
answered on Mar 15, 2025
It is most likely not possible to rectify this error at this time.
I want to change a land deed into my name; it is currently in my great-grandfather's name, who passed away over 50 years ago. The deed lists the name as "Roberts G S L Roberts," which seems to be a garbled mix of family names. My great-grandfather was George Roberts, his son was... View More
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answered on Mar 14, 2025
You will need a competent TX attorney to search the title, determine heirship, draft an Affidavit of Heirship and hopefully a Deed from other tenants in common over to you. Check the taxes, as they have to be paid or you lose the land. Determining Heirship may need many witnesses, death... View More
I own a home in my name only, and there is no mortgage or other owners involved. For estate planning purposes, I want to add my wife's name to the deed. How can I go about doing this?
answered on Mar 14, 2025
I wrote a lengthy answer to this issue for my newspaper column. You can read the column in my archives for free, at this link: https://www.premack.com/post/how-to-add-current-spouse-to-home-deed
Here is the text of that article --
The deed to any piece of real property shows who... View More
I have paid off my mortgage, and my wife's name is not currently on the title of our property. I am considering adding her name now, as I want her to have full ownership of the property if I pass away. What steps do I need to take to ensure her name is added and she has full ownership?
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answered on Mar 13, 2025
If you add your wife (which you can do via a Gift Deed, or Warranty Deed), she will be the full owner at that point in time. If she dies before you, you will have to go through probate and hope the law in your jurisdiction will give it back to you.
Other options: Transfer on Death (most... View More
I found personal documents, including a family will, social security numbers, and court documents, belonging to a deceased person while working in an attic during a demolition and construction project. I'm seeking legal advice on how to handle these documents properly. What should I do next?
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answered on Mar 13, 2025
Since you've found sensitive personal documents belonging to a deceased person, including a will, social security numbers, and court records, you should handle them carefully to avoid legal or ethical issues. Here are the recommended steps (not legal advice):
1. Do Not Destroy or... View More
I recently remarried, and I want to update the deed to my property to reflect my new last name and add my new husband's name. My previous husband is no longer present, and there are legal challenges in obtaining a death certificate. How can I proceed with changing the name on the deed under... View More
answered on Mar 10, 2025
If the property is your separate property (i.e. it was not acquired by you during your previous marriage) and the deed is currently in your sole name (i.e. your previous husband's name is not on the deed), you can sign a new deed in your to yourself in your new name before a notary public.... View More
My son signed a rent-to-own lease for a trailer home that's in poor condition. The stairs are falling apart, the tub doesn't drain properly, and the gas stove can't be used because the trailer only has electricity. The lease is for 70 months. I'm visiting this Friday to review... View More
answered on Mar 10, 2025
First and foremost, review the rent-to-own lease itself. It should indicate who is responsible for maintenance and repairs and whether the tenant must first obtain written approval from the landlord. It should also indicate any cancellation procedure including any required notices.
My grandmother passed away, leaving me her home in Texas through her will, and there's no debt on the property. I do not have a lawyer and need help with transferring the property to my name. I have a copy of the will, and I need to complete this process before the end of the year. What steps... View More
My grandmother passed away and left me her home in her will, which directly states the house is mine, and there is no debt to the property. The will did not require probate. I am handling the transfer myself without any legal assistance. What steps do I need to take to transfer ownership of the... View More
answered on Mar 8, 2025
Wills do not have any legal effect until probated (validated by law). For 99% of cases, this seems absurd! However, laws are made for the 1% bad eggs--not the 99% good eggs. There are lots of fake, fraudulent "wills" out there, so the law requires probate to prevent those fake... View More
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