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Texas Real Estate Law Questions & Answers
1 Answer | Asked in Land Use & Zoning, Real Estate Law and Probate for Texas on
Q: I have a question. My mother died and outright owned a 3.15 acre piece of land that had a house on it. She had no will.

Not married. I have three siblings. I was just released from prison after 12 yrs . The last month of my incarceration, my three siblings signed over ownership to my step father who has no legal right whatsoever to the land with a warranty deed. They tell me that they chose a part of the land that... View More

John Michael Frick
John Michael Frick
answered on Aug 10, 2023

It depends. When your mother died, the 3.15 acre parcel passed to you and your siblings as tenants in common. All four of you owned the entire undivided tract. Any tenant in common can petition a court to partition the land either by sale or in kind. You should have received notice of any such... View More

1 Answer | Asked in Real Estate Law for Texas on
Q: Our house we are selling is set to close in 9 days. Title company called and said there are judgement liens in our hous

Can we back out of the contract to sell it as we had no idea about the judgement liens..?? This is in Texas

Anthony M. Avery
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answered on Aug 2, 2023

If you are not getting certified funds for the full contract price, then do not execute the warranty deed with the encumbrances annotated thereon. Duty to convey merchantable title benefits the buyer not the seller, but you can still demand the contract price for your signature. Then the... View More

1 Answer | Asked in Real Estate Law and Probate for Texas on
Q: Grandparents w/6 kids purchased house in 50's, grandparents divorced in 60's. grandmother retained but didnt retitle.

Both names are still on title. Grandfather remarried but my grandmother did not. Will my grandfathers 2nd wife have claim to my grandmothers home? My grandmother died in 1993, grandfather died in 1986 and his 2nd wife died in 1992. My grandmother died Intestate. My grandfather had a will and last... View More

John Cucci Jr.
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answered on Aug 1, 2023

It seems that Grandma #2 did have an interest when she succeeded your grandfather.

You will need a good Affidavit of Heirship to clear this one up.

I hope this helps. You should see an attorney from the Justia website.

1 Answer | Asked in Real Estate Law, Civil Litigation, Native American Law and Probate for Texas on
Q: is there a probate lawyer lisenced in texas pro bono

joint owner (seller) me need help from threat of force of sale suit from(other owner) they say or force of me giving up my interest in estate

Tim Akpinar
Tim Akpinar
answered on Aug 6, 2023

A Texas attorney could advise best, but your question remains open for two weeks. Here is a link to a page on this Justia site

Texas Probate Legal Aid & Pro Bono Services

https://www.justia.com/lawyers/probate/texas/legal-aid-and-pro-bono-services

You include Native...
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1 Answer | Asked in Divorce, Family Law and Real Estate Law for Texas on
Q: My husband left 30+ days ago with no money. i am disabled and cant work. What can I do? he pulled all equity from house

I am disabled, have many health issues covid related(coma 2021) then fell and broke my hip 2022. Have long covid and stay in pain. Need the other hip replaced. My covid got so bad because my husband did not take me to hospital until was almost dead. I did not even know my name and went into a coma... View More

Sharita Blacknall
Sharita Blacknall
answered on Jul 30, 2023

Legal Help: The complexity of your situation warrants the help of a legal professional. I highly recommend you to consult a family law attorney as soon as possible. They can help you navigate through the divorce process, if that's the path you choose to take, and ensure your rights and... View More

1 Answer | Asked in Real Estate Law, Communications Law, Construction Law and Small Claims for Texas on
Q: If I bought a house with foundation issues, but were told those issues were corrected and they weren’t. what can I do

I purchased a house with cash about a year ago. The inspector said on his report that it had pier and beam foundation issues. This was addressed with the owner and he told me that he already had a foundation crew come in and do some work and it has already been fixed it the best they could and new... View More

John Cucci Jr.
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answered on Jul 29, 2023

Your only real move is to sue the seller. This can be successful if you have good paperwork showing that the seller was aware of the problem and then asserted that he fixed the problem. There is more to a lawsuit than that, but that is the bare minimum you will need for proof.

See a good...
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1 Answer | Asked in Real Estate Law for Texas on
Q: My great grandmother passed away 12 years ago and left her property to my grandfather. The title was never transferred.

Can the title of the property remain in my great grandmothers name? Are there legal repercussions for doing so? My mother was the executor for her will.

John Michael Frick
John Michael Frick
answered on Jul 25, 2023

If your mother was appointed as the executor of your grandfather's will, that indicates that there was a probate. So title was transferred through the probate process to his heirs. Perhaps, however, the tax authorities were not notified of the transfer of title.

2 Answers | Asked in Real Estate Law and Contracts for Texas on
Q: How do I fight an affidavit of lien by the AC contractor?

hi I got an AC contractor to replace the compressor of my house AC after it failed. They came and replaced the compressor. But the new compressor they put on failed in 3 days. They sent me a $5240 invoice, which I refused to pay. Now they send an affidavit of Lien on the house. How do I fight it?

John Michael Frick
John Michael Frick
answered on Jul 25, 2023

1. Send a written request for warranty service on the new compressor to both the AC contractor and manufacturer.

2. Give the AC contractor and manufacturer a reasonable time to complete the warranty repairs. If your warrant specifies how long they have to make the repairs, use that...
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1 Answer | Asked in Real Estate Law for Texas on
Q: Can a person take a family cemetery via adverse action, if they have been maintaining (cut grass & picking up trash)?
T. Augustus Claus
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answered on Jul 14, 2023

Adverse possession laws require possession to be continuous, uninterrupted, exclusive, visible, and hostile for a period of 10 years. Additionally, the possession must be done under a claim of right or with the belief that the person possesses the property as their own.

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Texas on
Q: Someone else's house in on my property.

I bought a 20 acre land through a tax deed auction in 2014. I recently had it surveyed. According to the survey, there is a house on my property. The house currently has an occupant. The previous owner of the land apparently let someone place their house on the land. According to public records the... View More

Anthony M. Avery
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answered on Jul 7, 2023

Any tax sale of land will involve problems. Here you need a TX attorney to file suit for possession immediately against both the taxpayer and the occupant. Service will be difficult. Hopefully the tax deed has a legal description including the house, as your new survey is not in your deed... View More

1 Answer | Asked in Probate, Real Estate Law and White Collar Crime for Texas on
Q: How to obtain assets as a heir with no will or probate court in one case & no will but probate court in another case.

My brother provided a voided power of attorney document to a lien holder of my mother's home deed after she passed In order to obtain the deed. He also provided the probate court fraud bankstatements for our deasesed uncles estate in order not to pay my share as a hier so I have to separate... View More

John Michael Frick
John Michael Frick
answered on Jul 7, 2023

Hire an attorney with experience in probate litigation. A power of attorney from your mother is, of course, void upon her death. As an heir, you have the right to file for probate of your mother's estate, even though she doesn't have a will. You can ask the court to appoint you as a... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Texas on
Q: Who is responsible for having an animal removed from the attic crawl space.

Tenant admitted to leaving garage door open all night with attic access ladder down. Large animal now trapped in attic. Brand new home. Texas

John Michael Frick
John Michael Frick
answered on Jul 6, 2023

It depends upon the pest control responsibility provision contained in the lease.

2 Answers | Asked in Real Estate Law for Texas on
Q: If a house was sold that I put a lien on but i received no compensation, what would be my next steps?

The real estate broker that sold the house has not responded to my emails or phone calls.

Anthony M. Avery
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answered on Jul 3, 2023

Assuming your lien was perfected against the property and is still enforceable, hire an attorney that knows real property litigation to collect on it. Make a demand letter on the present owner which should get him stirred up. Hopefully there was title insurance, to pay you. Realtor has nothing... View More

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1 Answer | Asked in Real Estate Law, Divorce and Family Law for Texas on
Q: Can I sell a house if I'm on the mortgage but not the deed?

My ex husband and I split after DV and the house is empty. He refuses to pay for it or sell it because per divorce I get $50,000. Now the mortgage company is suing me for the house. When I've been begging him to sell it instead of ruining my credit. He continues to refuse. What can I do

John Cucci Jr.
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answered on Jul 2, 2023

This question has divorce issues and real estate issues.

The first move is to review the divorce settlement order to see if there is any recourse you can take to sell the property or force a sale. If it is not written or prohibited, you can file a partition or other real estate lawsuit to...
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1 Answer | Asked in Contracts and Real Estate Law for Texas on
Q: Can I break a leasing agreement without penalty if management is not enforcing their own rules within their contract?

I have a neighbor living in a 2-bedroom apartment. The law or their apartment rules states only 4 people are allowed to live there. The neighbor's apartment has 8 people (2 adults, 6 children) living inside that unit. Management confirmed they're aware of the situation but have done... View More

John Michael Frick
John Michael Frick
answered on Jun 29, 2023

No. If more than six of the people are adults, you could sue to enjoin it and potentially recover your attorney fees under Section 92.010 of the Texas Property Code. But six of them are children.

1 Answer | Asked in Real Estate Law for Texas on
Q: Statement in a property deed: "with all and singular, the rights" Is this granting easement? if not then what?

A property deed having a 1066-acre tract was partitioned into 5 shares simultaneously, in the form that the partition was created 4 of the shares appear to be landlocked because no specific easements were mentioned. There is a statement in the deed: "To have and to hold the same, with all and... View More

John Michael Frick
John Michael Frick
answered on Jun 27, 2023

It does not grant an easement, but if there is an easement that already exists for the 1066-acre tract, that right is being conveyed to the grantee, along with any mineral rights, water rights, air rights, oil rights, development rights, rights-of-way, covenants, zoning rights, sewer rights,... View More

2 Answers | Asked in Real Estate Law for Texas on
Q: How would I remove my deceased spouse's name from home title?
John Michael Frick
John Michael Frick
answered on Jun 23, 2023

Either by probating your spouse's will, or by probating your spouse's estate intestate and filing an affidavit of heirship.

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2 Answers | Asked in Real Estate Law for Texas on
Q: Do I have cause to sue a previous homeowner for not disclosing termites?

I bought a house last year. I had a home and termite inspection. The inspection showed no activity or prior activity of termites. The Seller's disclosure said no prior treatment, no previous termites, and no current activity of termites. In May, I saw dead termites in my house. I had a termite... View More

Peter J. Weinman
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answered on Jun 23, 2023

It sounds like you have more of a claim against both your inspectors who each failed to notice the bait stations around the house and the sticker in the electric box. However, even if you have a claim against either inspector, it will likely be limited to the cost of the inspection (which is what... View More

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1 Answer | Asked in Real Estate Law for Texas on
Q: Can a lady bird deed override a divorce decree order. I feel a lady bird deed was done illegally.

A divorce decree left property to my sibling and I in the event of my fathers death. He passed last year. My sibling, who still lived on the property, passed last week. I found a lady bird deed signed by my dad, to my sibling for the property. Is the lady bird deed legal since there were already... View More

Anthony M. Avery
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answered on Jun 21, 2023

If the Deed was recorded before the entry of the Divorce Decree, then it was valid notice of title to the world. Apparently the Deed was not between the divorcing parties, so it was not a conveyance between them, effective without recording. The Deed had to have been delivered also to the grantee,... View More

1 Answer | Asked in Probate and Real Estate Law for Texas on
Q: CAN AN INDEPENDANT EXECUTOR SALE A PROPERTY YEARS AFTER PROBATE WAS FINALIZED?

We are trying to sale land owned by my Mother who passed away in 2007. The Will was probated & my brother is the Independent Executor. The siblings are ok with this decision. The title company said he cant sale the property as an Independent because the Probate was back in 2007. Is this true?

John Michael Frick
John Michael Frick
answered on Jun 13, 2023

It would be extremely unusual for a probate case from 2007 to still be open. When a probate case is closed, the independent executor no longer has authority to take any action.

In your situation, it would typically be the heirs who inherited the land from your mother who would be selling...
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